POA will not release funds for mom and she'd like to move back home. What can we do?

1 answer | Last updated: Sep 17, 2016
Loriherrling asked...

mom is in a care home now but wants to move back to here home town where here family and freinds are. She has the funds but p o a will not release funds so she can. She is very upset about this but we do not know what our legal rights are she is totally of sound mind

Expert Answers

You state that POAS will not release funds for your mother so she can move back home. You further state that you mother is totally of sound mind.

Your mother has the total legal right to revoke the POA. The person who gives a Power of Attorney is called "The Principal." The Principal can revoke that Power of Attorney at any time, as long as the Principal is mentally competent. The Revocation should be printed (either on a typewriter or computer), and specifically state that it revokes a PPOA given on [the date the POA was originally signed]. The Principal should sign and date the Revocation and have it notarized. Finally, the Revocation should be delivered, or served upon, the person who is acting under the POA. [That person is called the agent.]

Of course, I know nothing of the specific facts here. I have no idea why the agent has refused to release funds, or what actions (if any) the agent may take if the POA is revoked. But from a legal perspective, your mother's rights are clear.

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