I hold the dpoa for my mother. She has several health issues both physical and mental ( bipolar ). She lives in assisted living because she physically cannot live alone. She does not take her phyc meds as prescribed and becomes highly agitated and paranoid. She accuses me of all sorts of things, from having an affair with the nurse to not taking her out to dinner like a good son should. She told me she was canceling my poa because she is mad at me. What can she really do to follow thru with this ? Doesnt she need to file papers and have it notarized to make it effective? Or is this just a threat because she is mad.
Wow, this is such a tough situation for you. First and most importantly, who has the actual possession of this document. If you have it, then she can not revoke it by destroying it. Secondly, she could revoke it by drafting a new one or executing a revocation. However, in light of her condition, such latter actions would seem to be of questionable legal validity. It sounds as though she is mad or acting irrationally based on her condition. So as long as you have the current DPOA safely secured you should be all right legally. But this is a horrible situation otherwise for you, so try to remain the good son that you obviously are trying to be. Best of luck to you.
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Estate Planning Attorney
A durable power of attorney is often revoked when the principal (your mother in this case) signs a new durble power of attorney, stating that she expressly revokes the prior one. Also, your mother could go to third party insitutions such as her bank and inform them that she has revoked your power. It is possible that in your mother's case, her mental state is such that she lacks the capacity to revoke her power of attorney.