Legal Question in Criminal Law in California

How Do I Revoke A Power Of Attorney?

My brother recently abandoned my father to my home after he took about $40,000.00 from our father without our fathers knowledge. My father was on medications that affected his judgement and he gave my brother power of attorney. I need to have it revoked as my brother has abused it. I dont know where my brother currently resides as I dont communicate with him because of what he has done to our father. How can this be revoked and what other steps should I take to protect my father?


Asked on 12/08/03, 3:44 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: How Do I Revoke A Power Of Attorney?

If the father is 'competent' you can have him issue a new Power of Attorney to you or someone he chooses, then send copies to his bank, etc. He should close any accounts that are joint with the brother, or instruct the banks to take everyone else off the accounts. If he is not 'competent', you can file for guardianship if you need to deal with medical or financial issues. You should talk to an attorney to help make those choices.

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Answered on 12/08/03, 5:37 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: How Do I Revoke A Power Of Attorney?

Thank you for your posting.

A power of attorney lasts until by its terms it ends, or when the person granting power of attorney revokes it. As long as you are mentally competent, you can revoke a durable power of attorney at any time.

You may wish to bring a lawsuit for the misappropriation of funds or contact the police, and as far as further protection, your father may wish to look into setting up a will and a trust, and potentially even conservatorship if appropriate.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 12/08/03, 7:50 pm


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