Can I take power of attorney away from my son’s ex boyfriend

UPDATED: Sep 30, 2022

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Can I take power of attorney away from my son’s ex boyfriend

My son and his ex
boyfriend broke up 2
months ago. Then my son
got a aneurysm he is in a
drug coma so it can
heal.His ex found out
about everything and is
trying to take over the
care and the money from
his business

Asked on January 20, 2017 under Estate Planning, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't take away a power of attorney UNLESS you get a court to appoint you as your son's legal guardian, on the basis he is incapacitated or mentally incompetent; only then would you have legal power over his affairs, including the power to revoke a POA. Without that grant of power by a court, you have no authority to interfere with a POA he granted while he was competent. If you wish to consider this option, consult with an attorney who handles cases involving the disabled and/or the elderly; such a lawyer is most likely to have the requisite knowledge or experience.

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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