How To Revoke Power Of Attorney In California: Fill & Download for Free

My wife’s father was 82 when he died two years ago. Her mother is in her 80s and lives in a memory care unit with Alzheimer’s.Aside from the financial stuff, what’s a relief to my wife is that her parents had very detailed funeral wishes. We know exactly what to do when her mother dies. My wife’s brother has power of attorney while she’s alive. Alzheimer’s is a slow way to go.My father died about five years after my mother. He too had everything financially taken care of. He met with the priest at the church and had most of the funeral paid for. A lawyer put his house and bank accounts into a trust when he realized his cancer was terminal. One of my sisters had revocable power of attorney while he was still alive. My sisters and I were named as trustees. That avoided probate court laterOnce you have all those documents in a folder where you can get to them quickly, you will have some peace of mind before they die.It will be tough for you after they die. You will have to figure out what to do with their personal crap that no one wants. I pitched all my dad’s golf trophies and his favorite bowling ball. We sold the car and house pretty quickly. Goodwill took the clothes. I got his hand tools in the will. My sister got the china cabinet. It took about two years to wrap up the financial stuff and file his last tax form.That’s all there’s to it. You’ll be fine.

Just sign (notarized or witnessed) a revocation of POA notice. Ensure that it is served on the party that held the POA and any companies one had been given to. Otherwise till this is done they aren't liable if they continue using your POA .

The principal is the person who created the power of attorney. The power of attorney names an agent who will act on the principal’s behalf. The agent can revoke or refuse to act on the principal's behalf. The principal can revoke their designation to a particular agent at any time. The key is to put the revocation power into writing and to let third parties know of the revocation so that the 3rd party is not relying on the original revocation.As I understand the question, the principal does not want to revoke their power of attorney to their agent. Assuming that the agent does not revoke their agency, what is there to do by anyone who is the non-agent or non-principal to cancel or revoke the power of attorney?Typically, this situation will arise in a family where a parent named an adult child as their agent in a financial power of attorney. The other adult children believe that their sibling is wasting or spending their parent's assets in a self dealing manner. For example, the agent, son is buying himself cars and a house in his own name for his own use. The other children see that their brother is profiting from the agency and worry that their parent's assets will be all spent or that their inheritance will be reduced , leaving them with a smaller share of wealth when the parent dies. (Children only receive their parent's wealth, or inheritance upon the parent's death through the direction of a Last Will and Testament or by the law of the jurisdiction where the parent died.) The siblings could bring a lawsuit in court claiming that their parent is being taken advantage of. The siblings must prove to the court that the actions by their brother were not authorized by their parent. Or, the brother used undue influence over the parent to allow him to spend the money the way he did. Or, the most common allegation is that the principal parent is not of sound mind due to illness or disease. E.g., Alzheimer's, senility, dementia and the like. The unsound mind claim can be used in two ways. First, to argue at the time the power of attorney was signed (executed), that the principal was not of sound mind. Therefore, it is invalid. Second, after the principal executed the power of attorney, at some point, the principal became incompetent. However, the principal becoming incompetent after executing a power of attorney may not be enough. Many power of attorneys are durable which means even when the principal is incapacitated, the power of attorney is still valid. Therefore, the family would have to show the actions taken by the brother at not in accordance with their parents wishes.In the event the family is successful in cancelling the power of attorney, the court will set up a guardianship and conservatorship appointing a person to take care of the parent and reporting to the court on all expenses and assets of the parent.Absent the claims referred to above, if someone does not like the existence of a power of attorney or who the agent is, there is nothing they can do to revoke the power of attorney.