Revocation Of Limited Power Of Attorney Form: Fill & Download for Free

You should get legal advice---especially on long-term and complex matters like wills, inheritance, trusts, business succession, etc ---prior to giving up control over important financial and business matters. But that doesn't mean you necessarily need an attorney to draft the documents.Powers of Attorney depend on several variables, including the duration of the power of attorney, the terms of revocation, the conditions of the authority and whether or not other parties will honor or accept your delegation of authority. Also, locals laws and the regulations of certain industries come into play.Also, consider a an important limitation: a power of attorney is only in effect while you are alive and competent.For simple matters, institutions you do business with will often make power of attorney forms available to transact certain business:Hospitals and Medical Facilities often provide Durable Medical Powers of Attorney (with Instructions) prior to a surgery. It is also possible to obtain Living Will Forms to guide end of life decisionsBanks and Brokerage forms will often provide forms (with some instructions) for power of attorney and Trading Authority.Utilities and other businesses will provide you with information that they will accept if you need to delegate someone else to handle you bills or other transactions.

What is a Power of Attorney?A Power of Attorney is a legal document you use to allow another person to act for you. You create a legal relationship in which you are the principal and the person you appoint is the agent. A Power of Attorney specifies the powers you give to your agent. The powers can be limited or broad. For example, if you are selling your house, but unable to attend the closing, you can give someone the power just to sign the deed in your absence. Most durable powers of attorney, however, give your agent the power to do almost anything you could do.Banks, brokerage firms, and other financial institutions may require you to sign one of their own forms. The CT law requires that these third parties accept the power of attorney if it's acknowledged. The law provides for a process for verification if there are still questions.If I give someone a Power of Attorney, does that mean I don't have control over my money anymore?No. When you give someone a Power of Attorney, you still have the right to control your money and property. However, you are giving your agent the ability to access your money. Your agent is not supposed to take or use your money without your permission, but there is a risk that a dishonest or unscrupulous agent might steal your money. It is therefore very important to choose an agent you trust. You should go over the agent's duties before you sign your power of attorney.If I think someone is using my Power of Attorney to steal from me, what can I do?Revocation of Power of Attorney.Second, notify all banks or other financial institutions in which you have money that you have revoked the Power of AttorneyThird, you can go to the probate court (by yourself or through an attorney) and demand that the agent you suspect of stealing from you file an accounting showing how the money was spent. You will need to pay a filing fee and possibly pay the agent for the cost of preparing the accounting. The court will hold a hearing at which time you can challenge the information given in the accounting. Ultimately, if the court finds the agent took your money without your permission, you can sue the agent or possibly press criminal charges.How can I revoke my Power of Attorney?If you have not given the Power of Attorney to anyone, you can revoke it by destroying the document. The Power of Attorney cannot be used unless the agent has it or it (or a copy) has already been given to banks, financial institutions or others so that they think you want the agent to act on your behalf.If the Power of Attorney has been given to the agent, an institution, or has already been recorded, you should execute a document revoking the Power of Attorney that is witnessed and acknowledged in the same manner as the first Power of Attorney. Then you will need to give a copy of the Revocation to the banks or others so that they know the Power of Attorney is no longer good.

You might want to talk to a lawyer in Florida about this.For the sake of a general answer (I’m not admitted in Florida, and there are variations on the formalities of powers of attorney between states), a power of attorney is a formal appointment of an agent.¹ It generally has to be in documentary form. The agent (properly known as the attorney-in-fact) then may act in the principal’s stead subject to any restrictions in the power and to a fiduciary duty to safeguard the principal’s interests. If the agent does something that is outside the scope of the power or is inconsistent with that fiduciary duty, the action is said to be ultra vires and the agent may be sued. Sometimes third parties are entitled to rely on the power even so. Powers are revocable (but see below). A power expires on the death of the principal in any event and is not a substitute for an estate administrator.If someone has dementia that introduces a couple of wrinkles. First, someone who is not fully aware of what they are doing cannot sign a valid power of attorney—competency is an essential element. Second, if the power is not specified as “durable,” it will be limited to acts that the principal has the mental capacity to ratify and thus would expire on a determination of incompetency. A durable power does not expire on incompetency and thus cannot be revoked if the maker becomes incompetent. At that point it would have to be renounced by the attorney-in-fact or vacated by a court in a guardianship proceeding.Coercion or fraudulent inducement, in addition to incompetency at the time of execution, would also make the power invalid (or at any rate be grounds to invalidate it in a declaratory judgment action).If your Mom is already suffering from dementia such that she can’t manage her own affairs and isn’t lucid enough to understand the process,² she should not be signing a power and it might be necessary to obtain a court-supervised guardian. If the sister is not on the up-and-up, you might apply to the court to have a purported power vacated as improperly executed or to compel an accounting of anything done under it. It’s also possible that the local government there may have an Adult Protective Services unit to whom you could apply to have an evaluation done.These possibilities would make the obtaining of local legal advice highly prudent in my view.Notes:¹ See also John Gragson's answer to Is it possible for my dad to give my power of attorney to someone?² Reading between the lines, it seems likely that Mom has episodic dementia and the sister wants the DPOA to be able to handle Mom’s affairs if something goes south; Mom doesn’t like the notion that she is in this situation and is complaining to questioner about it. I’m guessing questioner and sister don’t get along all that well either. But of course that is basically rank speculation for the sake of answering this question and no substitute for a proper evaluation by someone with access to more details, knowledge of the family dynamics, and local law.