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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27647
Experience:  JA Mentor
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My friend is 73...he asked a woman to move in and take care

Customer Question

My friend is 73...he asked a woman to move in and take care of him..and gave her power of attny for medical and financial things...now he wants to change it. He has already changed part of it. She did not fulfill her part of bargain for her to take care of him. How does he change it? She has not come back after he has sent her money to come back. Now that I have taken her place...pretty much, except that I am here and taking care of him; she is still on the ownership of the mobile home. How long must she be absent to claim some sort of abandonment? He is still part owner, now..because she convinced him to name her as "and, rather than or, owner?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to her about your friend's situation.
A power of attorney can be revoked by filling out new documents and notifying the new POA. Any local attorney can help him with that. There are also some simple forms online. Here are some samples.
https://www.rocketlawyer.com/document/revocation-of-power-of-attorney.rl
https://www.ilrg.com/forms/powrevoc.html
He can actually sue her for conversion if she took his money and used it for purposes OTHER than those allowed by the POA agreement. Conversion is the civil equivalent of theft.
The mobile home is more complicated. A joint owner of property cannot dispossess another owner unless they clearly state an intent to do so AND prohibit the other person from accessing the property for at least 5 years, while paying property taxes for the full property. But if he can show that she tricked him into putting her name on the mobile home, or had the intent to defraud him from his interest, that's criminal elder abuse, and it can be reported. Cal. Pen. Code, Section 368. And in that scenario, he could also sue to have the deed adding her to the property set aside as fraudulent.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.