Legal Question in Wills and Trusts in Texas
How to revoke Power of Attorney
My husband's aunt is legally blind and deaf, although she can see shadows and hear if you speak loudly, and she appointed her brother power of attorney when her diabetes condition worsened. Now, he has turned into her ''boss'' and will not tell her what is it her bank, where her money goes, and has told the care center where she stays that no one except him is allowed to take her out of the building as well as touch her mail. She recently wnated to sell her home to me and my husband for no extra money and her POA decided to go against her wishes and charged us 9,000 extra for the loan which he kept and we have to pay interest for. --name removed-- as well as the rest of the family, want to revoke his POA as soon as possible but want to make sure we can. He claims she is mentally handicapped, although she has never been diagnosed with any mental handicaps. Is it as simple as filling out the documents?
2 Answers from Attorneys
Re: How to revoke Power of Attorney
If she is competent, she can revoke it it by signing a written revocation or signing a new power of attorney and stating in it that all previous POAs are hereby revoked.
You need to take the new one or the revokation to everyone you think he has given a copy to (ie banks)
Re: How to revoke Power of Attorney
Only she can revoke her power of attorney, assuming that she is competent to do so. She can do it by either a written revocation, or executing a new power of attorney that would revoke the earlier one.
If she's not competent, as determined by her physician, then the existing power will remain in place.
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