power of attorney
If someone has POA for me, can he negate my decisions if I have not yet been declared mentally incompetent? For example, if I decide I want to spend money on something, can my POA agent prevent me? If I want to give something or money to someone, can my agent tell me I can't....etc.?
2 Answers from Attorneys
Re: power of attorney
The short answer is no. The POA does not take away any power from you. Also, you can revoke the POA at any time if you are uncomfortable with how the agent is using it. You say that you haven't yet been declared incompetent. You may call me if you want to talk about the particulars of that. If you are on the border, revoking the POA may give the agent reason to commence a guardianship proceeding. You may want to get further legal counseling to discuss these issues.
Re: power of attorney
Your attorney-in-fact can never act against your wishes. It's disturbing that you have to post such a question. Perhaps you and your attorney-in-fact need to meet in your lawyer's office and clear the air.
Good luck.
Rick Bryan
New York, NY
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