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If my aunt has POA of my father, and put her in a home and is spending his money for her own good, how can we revoke her POA?

Jacksonville, NC |

I had POA and signed it over at the suggestion of another relative since I live out of state. It was a stupid mistake and the entire family agrees that he is being mistreated and that she is not doing a good job in a varity of ways, including not paying his taxes on his house and not allowing anyone to verify that she has indeed been paying her bills. She promised to take care of him and put him in a home without consulting with anyone else. She is not taking care of him, I feel her finances should not be touched by her. he is in her 60's with dementia, strokes, diabeties,etc... Bottom line is she cannot have control over my father. How can I change this?

Attorney Answers 3


  1. You should speak with a North Carolina family law attorney about potentially bringing a breach of fiduciary duty claim against your aunt.


  2. The State of North Carolina may very well have a division that handles such complaints and investigates without cost to you. Even if they do, of course they will take time doing it.
    Any one with "standing" or technically the right to complain, can file suit to challenge the power of attorney and/or have the current agent removed for breach of "fiduciary duty." As his son with ultimate rights of distribution as a descendant, you should have that "standing." Of course you will need a North Carolina attorney. ( I assume that is where your aunt is)>

    This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.


  3. If an agent under a power of attorney is acting inappropriately then court action is required to remove such individual and procure the assets which have been misappropriated. I suggest that you contact an attorney immediately to put a stop to this behaviour.

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