Legal Question in Elder Law in California

Can I revoke my poa from my sister as I have fully recovered from my stroke?


Asked on 12/11/10, 1:08 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You can cancel a power of attorney that you give to anyone at anytime you are mentally competent. in the future, you can feel more comfortable by limiting what powers are granted [can be very specific]. Also, remember that a POA is only in effect when you are unable to understand something directed to you or physically unable to be somewhere. The person holding the POA represents you, not themselves, so if you personally can hanlde the matter the other person has no say.

Read more
Answered on 12/16/10, 1:42 pm

Mr. Shers' answer to your direct question is correct, but what he goes on to add is very misleading. Since this is a public answer I write to correct him in that regard. While he is correct that the person holding a POA (called an "attorney in fact" as opposed to an attorney at law) represents you, not themselves, there is no requirement whatsoever that the grantor of the power (called the "principal") must be unable to handle the matter themselves. You can give a POA purely for convenience. In fact, unless it is a special form of POA, called a Durable POA, the incapacity of the principal CANCELS the POA. Other than a Durable POA, a POA gives no power to do anything the principal could NOT do themselves. So if you are mentally incapacitated, and cannot understand or mentally form consent to contract, for example, your attorney in fact cannot sign a binding contract for you, unless it is a Durable POA.

Read more
Answered on 12/16/10, 2:00 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

So long as you are legally competent and are not under a mental disability, you have the right to revoke either a medical or financial power of attorney at anytime. Since you have fully recovered from your stroke, you should be able to revoke your power of attorney. You should also notify your sister, in writing, of your revocation, as well.

Read more
Answered on 12/16/10, 2:22 pm


Related Questions & Answers

More Elder Law questions and answers in California