If I revoke a durable power of attorney to the agent. All 3rd parties that I know of, and serve the agent with revocation. Will the agent be criminally charged if he try's to use the power of attorney after revocation? Would it then be considered fraud or embezzlement? Because a lawsuit would be difficult since he hides his money in corps and trust and made me sign a document that says I can't sue him ever again.
A revoked power of attorney terminates at the time of notice to the POA agent and definitely at death. It cannot be used after death of the granting party and its not admissible in court. This issue should be brought to the attention of the judge.
The agent should not be able to use the POA once it is revoked. You should speak with an attorney to ensure that the power of attorney is properly revoked and the agent is properly served. Good luck to you.
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I suggest consulting with an attorney to ensure the POA is properly revoked. As to your question, whether the agent would be criminally charged by using the POA after revocation would be up to the local prosecutor based on the facts including most importantly the "intent" of the agent and the particular act involved.
Mr. Warrick is licensed to practice law in Florida and Alabama. This response is not legal advice and responing to your question does not create an attorney/client relationship or any future obligation. The response is in the form of legal education and is intended to 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 and make it unsuitable. Mr. Warrick strongly advises the questioner to consult with an local attorney in order to ensure proper advice is received.
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