I need to revoke MY Power of Attorney that I have for my mom so my sister cna take over - what form do I use?
Country relating to Question: United States
State (if USA): Texas
Nothing yet - just nee the correct form to file
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.To answer your question directly, there is no 'form' to revoke a power of attorney. The way to revoke is two-fold. First, in the NEW Power of Attorney, add a sentence or a clause that states that all prior and previous Power of Attorney documents granted to other people are hereby null and void. This would invalidate your POA without a form. The other option is to have your mother write a standalone letter in which she states that she formally rescinds and revokes your power of attorney, and then signs the letter. That is also sufficient to cancel the POA as it currently stands.
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My mom can't sign any paperwork and my sister and I are estranged to say the least. Can I not go to the courthouse and file something because I, myself, no longer wish to be POA for my mom.
Thank you for your follow-up, Lori.You still do not need to file anything. All you need to do is send a certified letter to your mother stating that you are formally resigning your rights under the POA, and that you are stepping down as her formal agent and attorney-in-fact. That letter, once sent, is sufficient to remove you as the agent because once the principal is given notice of your revocation, they can no longer request that you act in their stead. Being a POA is ultimately voluntary unless there is a court order involved.Good luck.Dimitry Esquire41082.7526816782
JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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