Legal Question in Wills and Trusts in Texas
How to revoke a power of attorney
My elderly mother was talked in to making her brother her power of attorney.He has made a mess of her finances and has had my sister and my self removed from the will and now a new will has been filed leaving everything to him.My mother is not competant and does not remember signing the new will or going to her attorneys office even.I took her to her attorneys office where one attorney asked her all sorts of questions relating to the visit in which she made her brother power of attorney and changed the will. She remembers none of it.I was told that she isnt competent and to counter act this new will and power of attorney that I must first get a phyciatrist to evaluate her condition and state that she isnt competant to handle her own affairs and then file for legal guardianship over my mother.I was told that in doing this that the new will will be void and the old will, will be re admitted as the only will.Further that My guardianship will make his power of attorney status null and void.Some how this dosnt sound correct to me .I need to know if in fact it is good legal advise that Im getting.I will be getting her mental state evaluated this afternoon.
1 Answer from Attorneys
Re: How to revoke a power of attorney
The advice your are getting is essentially correct. If it is shown that your mother was incompetent to understand the nature and consequences of her actions at the time of the last will, it can be voided. This may well take litigation to accomplish.
It is also true that if you are granted legal guardianship you will have the authority to revoke the prior POA, rendering it void.
A lawsuit to demonstrate the incompetency and/or undue influence may be required if the brother strongly resists.
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