Can I fight a revokation of power of Attorney?

UPDATED: Sep 30, 2022

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Can I fight a revokation of power of Attorney?

Years ago, my mother gave me full power of attorney over her health and property. It includes everything she owns and is not limited. She recently met a man who has now moved into her house and is controlling every aspect of her life to the point that she is acting out of character and distancing herself from her family and friends. I fear that the next step is that her boyfriend will convince her to revoke my power of attorneys and name him for the next ones. Is there a way I can stop this from happening? I love my mom and hate that she is being controlled by him.

Asked on March 4, 2016 under Estate Planning, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your mother is mentally competent, you can't fight this: a mentally competent adult can revoke a power of attorney at will, for any reason (even bad ones) at any time.
If you believe she is not mentally competent, you should speak with an elder attorney protecting her interests, having her adjudiciated incompetent, and having a guardian (you) appointed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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