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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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How do you remove yourself from a power of attorney?

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How do you remove yourself from a power of attorney?
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

Please tell me what is the reason for wanting to be removed?
Customer: replied 3 years ago.


My wife's mother is no cooperating with her and is doing things that could get my wife in trouble.

Hello

I see.

Thank you for that information.

Im not sure what kind of trouble you think your wife can get into at the actions of her Mother because the POA only is used once the Mother becomes incapacitated.

However, with that being said the POA usually has a provision of how to rescind it. Generally, it would required written notice to the Mother stating that she no longer wants to be the POA . The Notice should be mailed certified mail with a return receipt requested


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Customer: replied 3 years ago.


It is a durable POA with broad powers that in essence state among other things that the agent will maintain the principle's standard of living respective of her income. The mother has rented a trailer with no running water, no kitchen and no toilet for as much as it would cost her to rent a room with all of those things available. She is an alcoholic , 75 years old with quickly diminishing capacity unable to understand that in order for her daughter to help her she has to cooperate. We are concerned that the way she has chosen to live could mean a breach of fiduciary duty on her daughter's behalf.

Hello

Well, if she is so mentally incapacitated, your wife can still handle her finances. Even if her Mother does not want to move. The POA can only do what she can do. You can't force the Mother to live in a way that is safest, only request it. But the POA is there if once the Mother becomes totally mentally unable to make financial decisions or medical decisions the POA does that for her.

But if your wife is uncomfortable then she needs to mail the written Notice. Once that is done, however, know that the Mother would have to sign another if your wife changes her mind and the Mother would have to be of sound mind to do that or it will be questioned.

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