Legal Question in Wills and Trusts in Washington
How is a Power of Attorney Rescinded?
My mother has a document giving her power of attorney to my brother. My brother has a copy of the document; my mother retains the original. She no longer wants to grant her power of attorney to anyone at this time. How does she rescind the existing power of attorney (without getting the copy back from her son--my brother)?
2 Answers from Attorneys
Re: How is a Power of Attorney Rescinded?
Your mom should be able to simply tear up the original with the intent to revoke. I'm not clear on why you can't get the copy back. If there is an issue, you might draft a new document specifically revoking the power.
Re: How is a Power of Attorney Rescinded?
She should send the brother a written rescission of the Power of Attorney. It also wouldn't hurt to record the rescission in any county where she lives or owns property as well as any county where the original POA may have been recorded.
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