Legal Question in Wills and Trusts in Texas
Revocation
when a appearer revokes a power of attorney in the state of Louisiana,does the agent that he's revoking have to sign? or what is the process, and if the appearer does not understand fully about the revocation what can be done? thanks!
1 Answer from Attorneys
Re: Revocation
The agent (attorney-in-fact) never has to agree to a revocation of a power of attorney. Only the grantor (or appearer) has to sign the revocation.
The question is whether the grantor is now competent to revoke the power of attorney. If they are, then whether they fully understand it is immaterial since the law assumes that someone that signs something understands what they signed.
If a doctor certifies that the grantor is incompetent to sign a revocation, then there has to be a judicial determination as to whether the earlier power of attorney is still in force.
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