Skip to main content

How do you revoke a general power of attorney?

Augusta, GA |

My mother is staying with me now and my sister has power of attorney but she is not supporting my mother. I have been given a new power of attorney form from my mom's social worker. Is this sufficient?

Attorney Answers 5


  1. Your mom's social worker should not give you a power of attorney unless she's a lawyer. Forms can be okay or lousy, and without a lawyer seeing the form there is no way to know. Additionally the new form may not revoke the old one.

    If your mother is competent, she can sign proper paperwork to revoke her past POA and then do a new POA to you. Since this is important, you want to have a lawyer draft it, and at the same time review her other planning paperwork such as a will, health care directive, etc for sufficiency.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. Your mother would have to sign a revocation of POA concerning your sister's document.
    The form would have to be reviewed before any attorney could respond but I can tell you that your best bet would be to have an experienced estate attorney draft the document and handle the execution of the document for you.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  3. I agree with the earlier statements, particularly regarding the social worker. Powers of Attorney are greatly misunderstood, particularly by care-taker relatives. If you are caring for this person some clear medical opinion should obtained that this person is competent to direct you to carry out her wishes and need pursuant to the P/A. If incompetent, she is no longer able to knowingly revoke or authorize to grant of the P/A and would need a guardian of person and or property to be ordered by the court.

    I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.


  4. Many well drafted power of attorney forms state in the document the method for revoking them and how to give notice to the person holding it. Also, some people use the term power of attorney for many different things, such as durable powers of attorney for healthcare, general powers of attorney, financial powers of attorney, limited powers of attorney, etc. A power of attorney can even be filed in the Courthouse of a particular county where it is being used. It is very important that the one your sister has is revoked, and that notice of the revocation is done property so that anything she does after the revocation is not enforceable. Please take all of your documents to an experienced probate or business attorney as soon as you can.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  5. First, you should always consult an attorney when dealing with power of attorney issues. Social workers may not fully understand power of attorney forms and agreements. Generally, power of attorney forms will state in the document the method for revoking them and how to give notice to the person holding it. If the original power of attorney form is silent on that issue, she can sign a power of attorney revocation form to revoke the original power of attorney and then sign a new one to you, assuming your mother is legally competent.

    The information above is general in nature. The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. In order to obtain more specific legal advice, please contact me directly for a free phone or in person consultation.

Wills and estates topics

Top tips from attorneys

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