Legal Question in Wills and Trusts in Virginia
Revoke Power of Attorney
My Mother had to give her Father Power of Attorney when her Husband died in order to have a place to live. She now wants to live with me but we will have to revoke his power of attorney. Can he stop us from doing this? He controls all of her money.
1 Answer from Attorneys
Re: Revoke Power of Attorney
No, you would have no authority to revoke a POA given by your mother to her father. She, of course, if still
mentally competent, could revoke the
POA. However, if such is not the case and she is no longer mentally competent to carry out this task, then the matter will likely have to be put before a court of competent jurisdiction to appoint a conservator who, once appointed, would thusly be empowered to assume control of all of your mother's financial affairs.
You, as your mother's daughter, could petition the court to be appointed to such a conservatorship.
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