Undue Influence – Power of Attorney

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Undue Influence – Power of Attorney

My sister has obtained Power of Attorney over our dying father. She did not inform me of this, instead, I found out via searching the Registrar of Deeds for my father to see if we could find the Deed to his business. Instead, I found her POA form. My father is coherent, forgetful, but coherent. He is unhappy that my sister has done this and I believe it is a case of undue influence. He has made me aware that he was not informed of what he was signing and did not have his glasses. He has stated that my sister claimed it was a document allowing her to make medical decisions on his behalf. This is not what he signed. My sister and my father have a very strained relationship and she holds some animosity towards him. I, nor he, feel comfortable with her doing this and I believe it is deceitful and illegal. What should/can I do?

Asked on November 18, 2017 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A Power of Attorney form is revocable at any time.  At ANY time.  What you need to do is to file a New document revocing the old and filing same with the Registrar of Deeds.  Serve it on your sister as well.  Then I would have Dad make some decisions going foreard with a lawyer to safegard this happening again.  Here is what you need in the form.  Good luck.
Your North Carolina Revocation of Power of Attorney form should be written stating that the original North Carolina Power of Attorney issued to the attorney-in-fact is being terminated. You will need the following information to complete your document:

The printed name and address of the principal that granted the original Power of Attorney in North Carolina
Date of the original North Carolina Power of Attorney
The printed name and address of the agent
Date of the North Carolina Revocation of Power of Attorney form
The principal will then need to sign the North Carolina Revocation of Power of Attorney form in the presence of a notary
The notary will then sign and seal your North Carolina Revocation of Power of Attorney


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