Legal Question in Wills and Trusts in Georgia

Power of attorney

I signed my power of attorney over to my brother a year ago, now I would like it back due to him using it to open accounts in my name and running up debts.

How do I do this?


Asked on 2/18/02, 9:51 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Power of attorney

Well, if you can physically find it -- tear it up. Or, write him a letter (cert. if you wish, but its not required), informing him that you hereby REVOKE his power of attorney. And or go to your local courthouse and (if the POA affects land records) file a revocation of the POA on the land records (you may need an atty to help you with this one). Now, this assumes that you are not under some mental illness and/or have not been adjudicated incompetent or under a guardianship (which events may revoke the POA, anyway). If the POA is coupled with an interest, that is your POA and your brother's right it are tied to a loan he made to your or something like that, you may not be able to revoke it without paying off the loan, etc. However, you do not indicate such in your question.

I expect that if your fact pattern is no more complex than your one sentence, merely writing your brother a letter notifying him of your revocation of the POA and copying each bank with an open account should do the trick. Good Luck with it. HCW

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Answered on 2/18/02, 10:00 pm


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