How do I revoke DPOA for my husband?

2 answers | Last updated: Sep 19, 2016
Wife with no control asked...

The DPOA that my husband selected (his CPA) is not performing as my husband would want (dementia). POA is moving money from interest accounts(IRA) to checking accounts and doesn't need the money to pay bills because there is money in the checking account?

Expert Answers

The first thing for you to do is to try to discuss the matter with your husband's "attorney-in-fact," his CPA in this case, which is the name given to the person who is given power of attorney authority. There may be a good explanation for what he or she is doing with the money. If not, you may be able to point out to the CPA why the way he or she is handling the money is not in your husband's best interest. If the two of you still disagree, you should look carefully at the specific terms of the DPOA document to see if it sheds any light on what the CPA should be doing. Usually, though, a DPOA document does not give specific instructions about how money should be handled, so don't expect to find a conclusive answer there.

If the CPA doesn't change, to your satisfaction, what he or she is doing with the money, you do have the option of going to court to try to have the CPA removed as DPOA, and to have the court appoint the person named as alternative power of attorney in your husband's DPOA document. However, this is expensive and difficult to achieve unless the CPA is either committing fraud or is clearly wasting your husband's money in a serious way. In other words, a difference of opinion between the two of you about when money should be transferred to the checking account is not likely to convince a judge to remove the CPA. However, if the CPA is doing several things that are wasting significant amounts of your husband's money, then a judge might be much more willing to interfere.

You'll have to consult a lawyer familiar with power of attorney rules in your state -- usually a lawyer who practices what's called "estates and trusts" law -- to see whether or not you have a reasonable legal case. Sometimes, though, the mere act of seeing a lawyer and having the lawyer contact the CPA might be enough to have the CPA listen more carefully to your objections.

Community Answers

Caringdenise answered...

Hi, Thanks for asking this question.

This expert answer on a similar Q&A page may be of assistance to you as well:

How Do You Revoke Durable Power of Attorney?

More detailed info is also available here:

If you need an elder law attorney, start your search here:

Hope this helps!

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