Legal Question in Wills and Trusts in Maryland

Can a wife that has been separated for 10 years or more come in and take away the power of attorney given to a mother.


Asked on 4/01/10, 11:57 am

3 Answers from Attorneys

Richard Abraham Abraham & Bauer, LLC

Only the Grantor of a POA can rescind it. This occurs by rescinding in writing or the Grantor signs a new original POA which takes the place of the old document.

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Answered on 4/06/10, 12:03 pm

If husband has provide the POA to her mother then wife cannot take the charge but if wife herself give POA to the mother then she can revoke.

Plz provide more detail to know the right answer.

Regards

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Answered on 4/06/10, 12:38 pm
Lesly Longa Longa Law P.A.

The first answer is correct in that only the person granting the power of attorney has the right to take it away. Unless the person signs a new power of attorney, then the original power remains in full force. A spouse does not automatically have the authority to change power of attorney for another person. The power of attorney also ends on the grantor's death. Contact an attorney licensed in Maryland for additional assistance. I have answered this question because I am licensed in Maryland, D.C. and Florida.

Regards,

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Answered on 4/08/10, 7:38 am


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