children had POA wrote up in July 2011only for medical reasons and not deposited in any bank or insitution. 3rd child drew up new one December 2011 and taken to banks. Mom wants her money changed locations but 3rd child will not let go. Revoking was advised but we are in a different state than the banks.
Family Law Attorney
Your mother can revoke the POA any time she wants, from any location she wants.
Your mother can revoke the POA by simply telling the agent verbally that she is revoking it (although it would still be a good idea to have a written revocation that you can provide to third parties inasmuch as they may be provided with a copy of the POA and not know that your mother told the agent that the POA was revoked.
Even if the POA is not revoked, under a power of attorney, the agent (3rd child) has no right or authority to prevent your mother from changing banks. The POA is not a guardianship, and it does not allow the agent to take any action against her wishes. The grant of authority under the POA is completely voluntary on your mother's part.
If the problem is being caused by your mother no longer being competent, then you should check to see if the POA was a durable POA as well as look into a guardianship.
1 found this helpful
5 lawyers agree
In addition she should put any and all banks on notice that the POA has been revoked. This should also be done in writing.
She needs to get control over this situation and meeting with an estates attorney may be good. She could discuss with the attorney whether it would be a good idea to tell the child that if he or she persists then there will be no inheritance when she dies. This may get this money grubber's attention real quick and get him to stop this nonsense.
Hope this helps.
Please remember to designate a best answer to your question.
Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is email@example.com , his website is www.sjfpc.com. and his blog is
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is firstname.lastname@example.org , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> 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.
1 found this helpful
2 lawyers agree
Location makes no difference. However, the banks can only act if they know, so make sure to put them on notice. Anyway the owner of the account is principal, not the attorney, so the principal does not need permission from the attorney to do anything.
This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney before making any decisions based on this answer.
3 lawyers agree