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I need to revoke MY Power of Attorney that I have for my mom

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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Customer Question

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?

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas

Already Tried:
Nothing yet - just nee the correct form to file

Submitted: 361 days and 8 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Dimitry Esquire replied361 days and 8 hours ago.

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.


Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate "Helped a little" or "I expected more”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.


Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!

Dimitry Esquire41082.7448988079

Customer replied361 days and 8 hours ago.

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.

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Expert:  Dimitry Esquire replied361 days and 8 hours ago.

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

Expert TypeAttorney
Category: Legal
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Answered: 6/22/2012

Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

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