Skip to main content

How do you revoke a dpoa?

Austin, TX |

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.

Attorney Answers 2


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.

Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties and services clients in all parts of Pennsylvania. He can be reached at 215-735-2336 or at the email address listed below. He has an AV Preeminent Rating (5.0 out of 5.0) with Martindale-Hubbel, the highest possible rating for legal ability and ethical standards. Also, he has received a 10.0 rating from AVVO and was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123.
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Mark as helpful


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.

Mark as helpful

1 found this helpful

Tax law topics

Recommended articles about Tax law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics