Legal Question in Civil Litigation in Missouri
revoke a power of attorney
How do you revoke or stop a power of attorney's power who is in charge of your monies but will not respond to your needs such as rent, clothing, etc. even through this person has signed a legal document that has been notorized to do so.
2 Answers from Attorneys
Re: revoke a power of attorney
You "record" your notarized revocation of the power of attorney at the Recorder of Deeds office. That gives constructive notice to everyone who is relying on the document. It makes them liable if they honor it. You should also send a copy of the revocation to all persons who might rely on the document (like the bank, etc.). If that doesn't work, you can bring a suit for breach of fiduciary duty.
Good luck.
Re: revoke a power of attorney
A competent adult has the right to revoke a power of attorney, unless they have contracted that right away. In addition to the previous advice, the first thng you do is send written notice of the revocation to the Attorney in fact (person who has the authority under the power of attorney). It does nto hurt to have the revocation notarized.
If the person is not competent, than the Power of Attorney may be revoked by having a Guardian and/or Conservator named for the person by the Probate Court.
Good Luck
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