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inasmuch as they may be provided with a copy of the POA and not know that your mother told the agent that the POA was revoked.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.
In addition she should put any and all banks on notice that the POA has been revoked.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.
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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.
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