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Power of Attorney
What happens if I relinquish my Power of Attorney for my mother?

What happens if I relinquish my Power of Attorney for my mother?

Q: Can a POA withdraw money from a bank account?

Yes, a Power of Attorney (POA) can authorize an agent to withdraw money from a bank account on behalf of the principal. This authority depends on the specific terms outlined in the POA document. It is essential for the agent to act in the best interest of the principal and follow any limitations set forth in the POA.

Q: Does POA terminate upon incapacitation?

A Durable Power of Attorney (POA) remains effective even if the principal becomes incapacitated. However, a non-durable POA would terminate upon the principal's incapacitation. It is crucial to specify that the POA is durable to ensure it continues to be valid during periods of incapacity.

Q: How do you supersede a power of attorney?

To supersede a Power of Attorney (POA), the principal must create a new POA document that explicitly revokes the previous one. This new document should be signed and dated, and ideally, it should be notarized. It is also advisable to inform the previous agent and any relevant institutions about the change to avoid confusion.

Full question:

I have a Durable Power of Attorney for my mother. She has been declared incompetent since granting me power of attorney. She did not name a successor. What would happen if I reliquished my Power of Attorney at this point?

Category: Power of Attorney
Date: 04/07/2025
State: California

Answer:

If you relinquish your Power of Attorney (POA), a guardian may need to be appointed for your mother since she has been declared incompetent and did not name a successor. A guardianship is a legal arrangement where a person or institution is designated to care for someone unable to manage their own affairs.

To establish a guardianship, a petition is typically filed in the state court where your mother resides. This petition names the proposed guardian and includes details about the relationship with the ward (your mother) and relevant information about her estate. If the petition is based on mental incapacity, medical documentation is usually required.

Notice of the hearing is given to your mother and other interested parties. They can object to the guardianship request. During the hearing, the court evaluates the evidence to determine if a guardianship is necessary. If the court finds your mother incapacitated, it may appoint a guardian to ensure her care and supervision.

Guardians must submit regular reports to the court as required by law. If there is a dispute over the guardianship, the court may appoint a guardian ad litem to investigate and make recommendations. This person assesses the need for guardianship and the suitability of the proposed guardian. Your mother may also hire her own legal counsel if she wishes.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is more powerful a will or power of attorney?

A Power of Attorney (POA) and a will serve different purposes and cannot be directly compared in terms of power. A POA grants someone the authority to make decisions on your behalf while you are alive, especially in financial or health matters. A will, on the other hand, outlines how your assets will be distributed after your death. Therefore, a POA is effective during your lifetime, while a will takes effect only after your passing.

Can a POA withdraw money from a bank account?

What supersedes power of attorney?

A Power of Attorney (POA) can be superseded by a few factors, including the principal's revocation of the POA, the principal's death, or the appointment of a guardian if the principal becomes incapacitated. Additionally, a newer POA document can replace an older one if it explicitly states that it revokes the previous authority.

What is a successor in power of attorney?

A successor in Power of Attorney (POA) is an individual designated to take over the responsibilities of the agent if the original agent is unable or unwilling to fulfill their duties. Naming a successor ensures that there is a plan in place for continued management of the principal's affairs if the primary agent can no longer serve.