I gave my daughter a durable, irrevocable power of attorney which I would like to revoke. Is it possible? How? Thanks

Asked over 1 year ago - Los Angeles, CA

This POA resulted in my being put in a retirement home where I am miserable and I would like to move with my sister who is willing to share with me.

Attorney answers (2)

  1. Michael Raymond Daymude

    Contributor Level 20

    2

    Lawyers agree

    Answered . I suggest you consult an attorney who can review the POA and facts with you. The terms "irrevocable" and "durable" are inconsistent. I suspect that, despite your understanding, you have not given your daughter an irrevocable durable power of attorney.

    In any event, POAs do not generally prevent a principal from acting on its own behalf. And, in the case of a durable power, the irrevocable nature is probably limited by the terms of the POA.

    So long as you are able, you probably can take the action you have in mind without the consent of your daughter. However, in the event you and your daughter cannot work this out between you, and third parties are unwilling to allow you to act on your own behalf, a court can terminate an irrevocable POA. Good luck.

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409
    www.mrdaymude.com

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
  2. Ivette M Santaella

    Contributor Level 19

    Answered . Hello,

    Irrevocable powers of attorney create a bond between the principal and agent that is highly customized. Usually a specified event must occur that is outlined in the document that allows for revocation of the agent and/or the agreement. If not, then both the principal and agent must agree to the revocation.

    I would also recommend that you have the document reviewed by an attorney to determine if it is truly an irrevocable power of attorney. If it is determined that it is revocable, then you can change the agent and/or revoke the agreement at your discretion.

    Good luck.

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