Mother went against my decision

UPDATED: Oct 1, 2022

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Mother went against my decision

I gave my mother power of attorney while I was in treatment at the VA to sell my house and land. I changed my mind and decided not to sell after all and directed her to stop but she went ahead against my wishes. Now I am homeless.

Asked on February 4, 2018 under Estate Planning, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You could have stopped her at any time: the agent (the person given power by a POA) cannot override her principal's (the person giving her the power) wishes. You could have revoked her power at any time.
The above is for future reference: no that you can cancel an agent's power when you like. (You would execute a new document in the same style as a POA, stating that you revoke the power given to the person, then send copies of that to that person and anyone she is then dealing with.) What you can do now is sue your mother: an agent has a duty to act in her principal's best interests and in accordance with the principal's wishes or instructions. If she violated that duty and acted against your wishes or instructions, you can sue her for any losses, costs, or other harm you suffered, for breach of her fiduciary duty (duty of loyalty and care). For example, if she did not turn over all the money from sale, you could sue her for that; if he sold the house for too little to a friend, associate, etc. you could sue her for the difference in price; if you are incurring higher monthly costs now to rent someplace to live, sue her for those costs; etc.

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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