Can I take power of attorney away from my son’s ex boyfriend

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Can I take power of attorney away from my son’s ex boyfriend

My son and his ex
boyfriend broke up 2
months ago. Then my son
got a aneurysm he is in a
drug coma so it can
heal.His ex found out
about everything and is
trying to take over the
care and the money from
his business

Asked on January 20, 2017 under Estate Planning, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can't take away a power of attorney UNLESS you get a court to appoint you as your son's legal guardian, on the basis he is incapacitated or mentally incompetent; only then would you have legal power over his affairs, including the power to revoke a POA. Without that grant of power by a court, you have no authority to interfere with a POA he granted while he was competent. If you wish to consider this option, consult with an attorney who handles cases involving the disabled and/or the elderly; such a lawyer is most likely to have the requisite knowledge or experience.


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