How can a person take back POA over themselves?

UPDATED: Oct 1, 2022

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How can a person take back POA over themselves?

A loved one gave POA to her sister,
thinking it was in her and her sons best
interest at the time, however has since
discovered her sister is trying to take her
son. My loved one has been enlightened that
her sister does not have either her or her
sons best interests in mind, but her own
selfish desire to raise her nephew as her
own simply because her and her husband want
a little boy together and cannot do so. My
loved one is a wonderful,loving, and mother
and does not deserve to have her son taken.
What is the best route to take for such a
situation? Any advice offered will be a

Asked on May 19, 2019 under Estate Planning, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She can either execute a document simply cancelling the POA or create a new POA in favor of someone else, which also states that it replaces and supercedes the prior POA. This paperwork (whether the notice canceling the old POA or a new POA) should be signed and witnessed the way a POA must be (it must meet the same requirements), but if it is, will negate the old POA. A person is free to cancel or replace a POA at any time, so long as the proper procedures are followed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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