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Can a Power of Attorney be revoke by someone other than the owner of the policy?My...

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robbie2367 | eNotes Newbie

Posted October 23, 2008 at 12:57 PM via web

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Can a Power of Attorney be revoke by someone other than the owner of the policy?

My grandmother is a 88 year old woman with only my aunt as a survivor. After my father passed they had the will changed and left my aunt as POA and if she was to pass first the POA would go to my granny's great grandson. The great grandson has been in a lot of trouble, he has just recently got out of jail for posession. And he has admitted to selling drugs from my grandmothers house where he resides. He does not work and lives off of my grandmother checking account.

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urzula | Teacher | (Level 1) Adjunct Educator

Posted October 25, 2008 at 1:32 PM (Answer #1)

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Your grandmother is the one who can revoke her Power of Attorney.  If it appears she no longer has the mental capacity to make personal and business decisions for herself, then you would have to contact your local Probate (it might have another name depending on your state) Court and file a petition to have a guardian appointed for her. 

I am assuming this is what is called a durable Power of Attorney.  I only ask because a durable Power of Attorney continues when a person is no longer mentally competent. 

A "regular" Power of Attorney will be "voided" if a person is no longer mentally competent. So, there is a big difference between the two. 

 

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