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Does a irrevocable POA have to be filed in court in Arizona?
There is no such thing as an irrevocable power of attorney. The principal (grantor) of the POA can revoke anything they have given someone else at any time they choose.
How can you take the powerof attorney from someone?
The principal must revoke a POA in writing and deliver the revocation to the attorney in fact. A copy should be delivered to any facility where the POA had been used.
How do you revoke a power of attorney and how much does it cost?
The principal must revoke a POA in writing and deliver it to the attorney-in-fact. Copies should also be delivered to any facility, such as a bank, where the POA has been used. There is no cost involved. If the POA was used to transfer real property then a copy of the revocation must be recorded in the land records office and the recording fee varies from state to state.
Is a power of attorney still legal and binding after divorce?
Yes. You need to revoke the POA in writing and send a copy to the attorney-in-fact and any entity where the POA was used in the past. If the POA was recorded in the land records you must record an original copy of the revocation.
Can someone other than the principal revoke power of attorney from the person given the power?
No. The power to grant and revoke powers under a Power of Attorney rests with the individual. If there are special circumstances, the matter must be brought before a judge and the judge can revoke the POA.
If you had power of attorney and it was revoked and another POA is abusing the privileges what can be done to insure that person does not get everything once the person dies?
A POA gives one person (the attorney-in-fact) the authority to sign legal documents on the behalf of another (the principal). The fundamental reason for a POA is for the convenience of the principal. There are no personal privileges accorded to the POA unless they are set forth in the instrument that created the POA. If the attorney-in-fact is abusing their authority the abuse should be brought to the attention of the principal so they can revoke the POA. Only the principal can revoke a POA. If the principal is not capable of making the decision to revoke the POA or have become vulnerable to undue influence then you should seek legal advice to discuss your options. Perhaps a guardianship or conservatorship is needed. If someone is appointed guardian, the power of attorney would be extinguished. A POA expires when the principal dies. Therefore the attorney-in-fact has no special status as an heir when the principal dies unless you think they have used undue influence on the principal to draft a will that unjustly favors the attorney-in-fact. Again, you should discuss this situation with an attorney who can review the situation and explain the options.
How do you revoke a power of attorney from a civil lawyer?
First of all - YOU would have to be the individual that granted him the POA. Simply ask him for his ORIGINAL copy of the POA, or send him a registered letter (return receipt requested) stating that his POA was revoked. Make a permanent record of your copy of the registered letter and file it along with the signed return receipt.
How do you change power of attorney if the principal's mind is not too good and the appointed agents are acting against his best interests?
The person who grated the POA is the only person who can revoke it. He can revoke the POA by sending a written notice to the agent notifying them that the POA has been revoked. A copy should be sent to any institution where the POA was used. The person may then appoint a new agent by executing a new POA. If the person who granted the POA isn't capable of revoking it and appointing another agent, then some interested person needs to step up and petition the court of jurisdiction to be appointed guardian or conservator over the person and his property. That needs to be done ASAP. The court will extinguish the old POA and the new guardian or conservator will have the power to handle the affairs of the ward. You should seek the advice of an attorney to discuss your options.
Can my grandmother who has Alzheimer's sign a quit claim deed to her grandchild even though my uncle has power of attorney over everything?
It would depend on who granted the uncle the power of attorney. If the grandmother granted the PoA, she can revoke it at any time. If the PoA was granted by a court, no she cannot.
How do you regain power of attorney from your mother's sister?
You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.You cannot "regain power of attorney". Your mother must revoke the POA in which she named her sister and send a notice in writing to her sister and any facility where the POA was used or filed. She must then execute a new POA naming you as her attorney-in-fact.If your mother lacks the legal capacity to take the steps outlined above on her own behalf then you must petition the court to be appointed her legal guardian. A legal guardianship would extinguish the POA. If that is the case you should consult with an attorney who can review the situation and help expedite your petition for guardianship.
If your father appointed your brother to POA over your mother and your father died is the POA still legal?
In the US: Your father cannot "appoint" anyone as attorney-in-fact under a POA for your mother.That POA would not be legal unless your mother signed it. If she did sign it she can revoke it at any time in writing and deliver a copy to your brother and any facility where it has been used in the past. If she didn't sign it, the POA was only effective for your father and it expired when he died. Only your mother can appoint her own attorney-in-fact, voluntarily. She is an independent adult with her very own legal existence and rights. She can execute a POA and appoint who she chooses.
Can power of attorney be rescinded?
The persons wishing to have the POA invalidated must follow the prescribed legal procedure according to the laws of the state in which the POA was granted. When a POA grantor dies the POA becomes invalid and the deceased's financial matters become the jurisdiction of the probate court and the executor of the estate. If no executor was named in the Will or no Will was current the probate court appoints someone to oversee the estate of the deceased.
