04:29
Faizan
The power given to another individual in a power of attorney is totally dependent on the principal -- who is the person who grants the POA. If your mother gave you power of attorney, she can take it back any time she likes, provided that she doesn't become mentally incapacitated. The person given the POA is known as the agent or the attorney-in-fact. Under the terms of the POA document, the agent is charged with doing business on behalf of the principal. POAs are voluntary, not ordered by a judge, so your mother can rescind it without court approval, but she should tell you when she does so.
Scope of Powers
The power of attorney your mother gave you may allow you to transact only one type of business for her, or it may be more sweeping, permitting you to handle all her financial affairs. Some POAs only give you authority to make healthcare decisions for her if she cannot. The POA might give you authority to act for her for a short period of time or indefinitely; it's up to her. It also may be springing, meaning that it doesn't go into effect until she's incapacitated and can no longer handle her own affairs, or it may be durable, which means that it continues on if she becomes incapacitated. If the POA is silent about incapacitation, its authority typically ends if the grantor is declared incompetent.
The Revocation Process
If your mother decides that she no longer wants you to act as her attorney-in-fact, she can revoke the POA by simply completing a written statement to this effect. Forms for this are available from most state courts, but she can write her own revocation because the requirements are generally very basic. She should state that she granted you power of attorney on a certain date, that she's revoking that power, and that you are no longer entitled to act as her attorney-in-fact. In most states, she must have the statement notarized. Some states, such as Utah, require that she file it with the court, but in others, she need only make copies and provide them to anyone with whom you might attempt to do business under her name.
Informing the Agent
Some states, such as Utah, require that your mother notify you that she's rescinded the POA. In others, such as New Jersey, this requirement is only implied. She should serve you with a copy of the revocation, but it's doubtful that the court would uphold any transactions you made in her name if she delivered a copy of the revocation to the third party with whom you transacted and that third party didn't abide by it.
Automatic Revocation
Under some circumstances, a power of attorney can be automatically revoked without your mother doing anything to deliberately sever its authority. For example, all powers of attorney become invalid when the grantor dies; you can no longer act on your mother's behalf after the date of death. If the POA is not specifically durable, it terminates with her incapacitation. As her agent or attorney-in-fact, you're legally obligated to stop doing any personal business on her behalf as soon as you learn that she's become incompetent.
Scope of Powers
The power of attorney your mother gave you may allow you to transact only one type of business for her, or it may be more sweeping, permitting you to handle all her financial affairs. Some POAs only give you authority to make healthcare decisions for her if she cannot. The POA might give you authority to act for her for a short period of time or indefinitely; it's up to her. It also may be springing, meaning that it doesn't go into effect until she's incapacitated and can no longer handle her own affairs, or it may be durable, which means that it continues on if she becomes incapacitated. If the POA is silent about incapacitation, its authority typically ends if the grantor is declared incompetent.
The Revocation Process
If your mother decides that she no longer wants you to act as her attorney-in-fact, she can revoke the POA by simply completing a written statement to this effect. Forms for this are available from most state courts, but she can write her own revocation because the requirements are generally very basic. She should state that she granted you power of attorney on a certain date, that she's revoking that power, and that you are no longer entitled to act as her attorney-in-fact. In most states, she must have the statement notarized. Some states, such as Utah, require that she file it with the court, but in others, she need only make copies and provide them to anyone with whom you might attempt to do business under her name.
Informing the Agent
Some states, such as Utah, require that your mother notify you that she's rescinded the POA. In others, such as New Jersey, this requirement is only implied. She should serve you with a copy of the revocation, but it's doubtful that the court would uphold any transactions you made in her name if she delivered a copy of the revocation to the third party with whom you transacted and that third party didn't abide by it.
Automatic Revocation
Under some circumstances, a power of attorney can be automatically revoked without your mother doing anything to deliberately sever its authority. For example, all powers of attorney become invalid when the grantor dies; you can no longer act on your mother's behalf after the date of death. If the POA is not specifically durable, it terminates with her incapacitation. As her agent or attorney-in-fact, you're legally obligated to stop doing any personal business on her behalf as soon as you learn that she's become incompetent.
Posted in: Estate Laws
