Legal Question in Wills and Trusts in Nevada
Recind Power of Attorney
My Mother might have given a general Power of Attorney to someone. Now she would like to recind any and all previous documents in this area and create a new one. What do I do to accomplish this?
2 Answers from Attorneys
Re: Recind Power of Attorney
You vast question numbers have asked it is not easy to answer. You see when you hand someone a power of attorney whether it is general or limited in nature you give them legal right to transact business in your own name. You give them exclusive right to contract on your behalf and illegally obligate you. To do so should not be done willy-nilly. It must be thought out and the person that you dominate to have this power should know you, know your finances, know your desires and know your requirements and limitations. Most powers of attorney have set forth upon them a time limit. I always caution any client of mine desires to give someone a power of attorney to limit the power both as to what they can do as well as how long they can do it. They are numbers of alternatives to powers of attorney and if you wish to terminate a power of attorney early all you have to do is contact the person with the power and terminated with them through a written correspondence. The problem is nobody out in the outside world understands her knows this. So if they continue to use the power they are doing it at your detriment. While it may be a fraud unless you give notice to every one that who has hand the power used on your behalf in the past as well as any new entity's they can rely on a power that on its face is still good. Therefore, don't give a power of attorney without limiting its content as well as time.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Recind Power of Attorney
She needs to do a Revocation of Power of Attorney and deliver it to her attorney in fact and any other people that person may have used the power of attorney with.