Can An Offspring Revoke A Power Of Attorney Written And Signed By The Parent?
POA naming sister as attorney in fact, written and signed by individual when of sound mind, daughter now trying to revoke when individual is in a nursing home. Nursing home staff is honoring daughters request without legal documentation.
Tags: Attorney, Offspring, Parent, Power, Revoke, Signed, Written
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Absolutely not.
A power of attorney is a personal trust placed by the trustor in the trustee and nobody else. If the named attorney-in-fact cannot be located, then the POA can be superseded (not revoked) in some cases (life-preservation) by another family member. Upon proper complaint, a probate court can determine who is capable and then appoint a guardian to carry out the intent of the POA, absent the named trustee.
No. The nursing home needs a legal document relinquishing the rights of the sister in favor of the daughter, assuming the sister is still alive. If she has passed away and the daughter has a certified copy of the death certificate, the daughter, as next of kin can become the poa. I’m not giving legal advice, just what I’ve seen. The sister should call an attorney who gives a free first meeting to make sure that her interests are preserved.