Legal Question in Wills and Trusts in West Virginia

changing power of attoruey

I am my mothers primary care giver. I've been caring for her for about 3.5yrs. My younger sister gained power of attorney of my mothers estate shortly before I came to care for my mother. Is there any way to reverse a power of attorney. My mother has Alzhimers, according to the Doctor report this began around 09/2000. My sister got her to sighn power of attorney around 03/2002. What can I do?


Asked on 10/09/05, 11:57 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: changing power of attoruey

A Power of Attorney can be revoked by the grantor of the power. All she has to do is tell the holder of the power. If there is risk of dishonesty, the grantor of the power should give notice, in writing to both the holder and to others, such as the bank, stockbroker, etc. In some cases, the revocation should be recorded, this would prevent conveyance of real estate with the power. A Power of Attorney could also be invalidated by a court if it could be shown that the grantor wanted to revoke or modify it or if there was a an abuse or violation of the trust. The document itself is merely evidence or proof of agency. It is not a document that grants independent authority to the holder to make decisions or take action that has not been directed by the grantor of the power. If there is a question of competency or dishonesty, you need to consult a lawyer.

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Answered on 10/09/05, 5:22 pm


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