I was forced to sign a Power of Attorney by my mother in 2009, I'm a disabled Veteran with Epilepsy I have not been medically deemed incompetent. She will not dissolve the power of Attorney, because it grants her control over my money.
"If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to ensure the document is properly revoked.
While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney. You should also specify the date the original power of attorney was executed and the person selected as your agent. Sign the document and send it to your old agent as well as any institutions or agencies that have a copy of the power of attorney. Attach your new power of attorney if you have one.
You will also need to get the old power of attorney back from your agent. If you can't get it back, send the agent a certified letter, stating that the power of attorney has been revoked.
Because a durable power of attorney is the most important estate planning instrument available, if you revoke a power of attorney, it is important to have a new one in place. An elder law attorney can assist you in revoking an old power of attorney or drafting a new one."
I'm a disabled Veteran with Epilepsy my bank account had been cleaned by a worker at a apartment complex (voided check in my file). Since then Her and my relationship has gotten continually worse she is 72 years old. I'm not allowed to ask her for any financial help as per the POA and she refuses to tear it up. She needs the financial security that I won't put her in financial danger.
Why and under what circumstances were you "forced" to execute a POA? That would be unlawful coercion.
Also, is your mother the person for whom you're caring in independent living?
I don't understand the situation - did you execute a Power of Attorney appointing your mother, and under what circumstances can she act if you're not medically incompetent? Is this a broad POA that's effective w/o that medical condition, or one which specifies that she has certain authority notwithstanding or lacking declaration of incompetency?
Sometimes POAs are executed for very narrow purposes, such as executing transfer documents on sale of real property if the family has already moved and doesn't want to return. The attorney-in-fact then signs the deed and that authority expires, according to the terms of the POA, on conclusion of the sale.
Is this the kind you signed - giving your mother control over your finances but no other authority?
If you executed the POA, it's yours to change and/or revoke. I don't understand at all why your mother has authority to refuse to revoke something you executed.
Is it a Durable Power of Attorney. That could matter. If it's not Durable, then you have the right to revoke it. I would consult with an Elder law attorney in your state for the details on how to do that.
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"If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to ensure the document is properly revoked.
While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney. You should also specify the date the original power of attorney was executed and the person selected as your agent. Sign the document and send it to your old agent as well as any institutions or agencies that have a copy of the power of attorney. Attach your new power of attorney if you have one.
You will also need to get the old power of attorney back from your agent. If you can't get it back, send the agent a certified letter, stating that the power of attorney has been revoked.
Because a durable power of attorney is the most important estate planning instrument available, if you revoke a power of attorney, it is important to have a new one in place. An elder law attorney can assist you in revoking an old power of attorney or drafting a new one."
I hope this helps. Good Luck!
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Also, is your mother the person for whom you're caring in independent living?
I don't understand the situation - did you execute a Power of Attorney appointing your mother, and under what circumstances can she act if you're not medically incompetent? Is this a broad POA that's effective w/o that medical condition, or one which specifies that she has certain authority notwithstanding or lacking declaration of incompetency?
Sometimes POAs are executed for very narrow purposes, such as executing transfer documents on sale of real property if the family has already moved and doesn't want to return. The attorney-in-fact then signs the deed and that authority expires, according to the terms of the POA, on conclusion of the sale.
Is this the kind you signed - giving your mother control over your finances but no other authority?
If you executed the POA, it's yours to change and/or revoke. I don't understand at all why your mother has authority to refuse to revoke something you executed.
Could you please explain the situation more?