Undue Influence – Power of Attorney
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.