Under what conditions can a power of attorney be revoked?

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Under what conditions can a power of attorney be revoked?

My husband, against my wishes and without my knowledge (we discussed it, I voiced my opinion, he went ahead without telling me) gave my daughter power of attorney. This is causing problems because she refuses to listen to my input as to what should be done with the funds, and now I do not have the means to pay bills. I noticed in the legal document, my husband refers to my daughter as his daughter. This is not true. She was from a previous marriage and he never adopted her. She lived with us 9 years until she was 17. Can this be enough to revoke her power of attorney?

Asked on January 18, 2016 under Estate Planning, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The person who gave or created the POA can revoke it at will. Or if he was mentally incompetent when her created the POA (it has to be at the time he created/signed it), you could bring a legal action (an elder law attorney could help you) to invalidate the POA for lack of capacity. But the fact that he called your daughter his daughter will not revoke the POA, since (1) that is not a material, or important change--it does not, for example, mean that the wrong person got the power; and 2) a court would take that as just reflecting the fact that he considers or treats her as his daughter, and not indicative of anything else.


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