Can I fight a revokation of power of Attorney?
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Can I fight a revokation of power of Attorney?
Years ago, my mother gave me full power of attorney over her health and property. It includes everything she owns and is not limited. She recently met a man who has now moved into her house and is controlling every aspect of her life to the point that she is acting out of character and distancing herself from her family and friends. I fear that the next step is that her boyfriend will convince her to revoke my power of attorneys and name him for the next ones. Is there a way I can stop this from happening? I love my mom and hate that she is being controlled by him.
Asked on March 4, 2016 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If your mother is mentally competent, you can't fight this: a mentally competent adult can revoke a power of attorney at will, for any reason (even bad ones) at any time.
If you believe she is not mentally competent, you should speak with an elder attorney protecting her interests, having her adjudiciated incompetent, and having a guardian (you) appointed.
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