Legal Question in Elder Law in Virginia

Changing/revoking power of attorney

My mother is experiencing memory lapses and is not in good general health. My sister lives in her home. My sister has proven to be dishonest (opening charge accounts in mother's name, using mother's ''paid for'' home as collateral for additions to mother's house and not paying, risking losing the ''paid for'' home, etc. Mother had given this sister power of attorney and now it is apparent that this was a mistake. What can be done to ''un-do'' this? Can my sister run out and clean out mother's bank accounts if mother should suddenly pass away? Would she be able to change the beneficiaries on mother's annuities? THANKS.


Asked on 7/19/02, 4:44 pm

1 Answer from Attorneys

Robert Beard Attorney at Law

Re: Changing/revoking power of attorney

You have the right (unless the power of attorney specifically provides otherwise) as a family member to demand in writing that your sister account for her actions under the power of attorney.

If she refuses, you may file a petition in the circuit court for disclosure. The circuit court has the authority to terminate, suspend or modify the power of attorney if the circumstances warrant.

You should see an attorney, or contact an adult protective services worker at your local department of social services.

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Answered on 7/19/02, 8:02 pm


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