Anonymous
05/01/2015 21:37
Subject: Revoked power of attorney
Thanks PP- it is a difficult call because of the mental illness.
For what it's worth, the lawyers office did call me a few months ago because my mother was sobbing uncontrollably and they didn't know what to do. I talked her down as much as I could, and got her to go with their secretary, who drove her to the hospital.
My mom is living hundreds of miles away from me. I have to work and live my life here. I don't know that guardianship is the answer here. I can't afford a legal battle here...
For what it's worth, the lawyers office did call me a few months ago because my mother was sobbing uncontrollably and they didn't know what to do. I talked her down as much as I could, and got her to go with their secretary, who drove her to the hospital.
My mom is living hundreds of miles away from me. I have to work and live my life here. I don't know that guardianship is the answer here. I can't afford a legal battle here...
Anonymous
05/01/2015 20:03
Subject: Revoked power of attorney
Unless the person was declared incompetent the revocation would stand.
Anonymous
05/01/2015 19:22
Subject: Re:Revoked power of attorney
Anonymous wrote:Anonymous wrote:OP here. I e-mailed the attorney to confirm. Haven't heard anything back for over 24 hours...
if the attorney is her attorney, he/she will most likely not tell you anything. the attorney communicates only with the client, or with others only if the client expressly consents.
If you are concerned that your mother has revoked your POA as part of a declining mental health, please contact the attorney and supply whatever information you have that indicates that your parent might not be mentally competent to revoke POA. While it is true that the attorney does have an attorney/client privilege obligation, that does not prevent him from taking in information that YOU provide. The attorney might not be able to tell you anything about the revoked POA or who is the new POA if one is declared, but the attorney would then be on notice that the revocation might not be valid. If there is a question about competency or validity of the revocation, the attorney will be under a professional obligation to try to sort that out with his client.
OP, you may want to consult your own attorney about this issue. As the holder of the POA, you might want to consider what options you have if you believe your family member is in declining mental health.
To those who say butt out -- dealing with this issue if a family member is mentally ill is very different than dealing with the POA issues in a family where people simply don't get along. This kind of withdrawal from supports and revocation of POA can sometimes be an indication of growing paranoia and isolation which are real symptoms of illness, not just family disagreements.
Anonymous
05/01/2015 18:38
Subject: Revoked power of attorney
Anonymous wrote:My parents did this. Took POA from me and gave it to my younger sister. It was their way of making it clear that they do not approve of my religion (I converted to Catholicism and my mother strongly opposes organized religion). It was a statement.[/quote
I might do this too, if I were mama. But it's a bit in your face to send a letter saying it's been revoked isn't it? Is that a requirement?
Anonymous
05/01/2015 18:33
Subject: Re:Revoked power of attorney
Anonymous wrote:Anonymous wrote:OP here. I e-mailed the attorney to confirm. Haven't heard anything back for over 24 hours...
if the attorney is her attorney, he/she will most likely not tell you anything. the attorney communicates only with the client, or with others only if the client expressly consents.
Exactly. He will only give you information if your mother tells him to.
Anonymous
05/01/2015 16:08
Subject: Re:Revoked power of attorney
Anonymous wrote:OP here. I e-mailed the attorney to confirm. Haven't heard anything back for over 24 hours...
if the attorney is her attorney, he/she will most likely not tell you anything. the attorney communicates only with the client, or with others only if the client expressly consents.
Anonymous
05/01/2015 12:50
Subject: Revoked power of attorney
Anonymous wrote:Anonymous wrote:Given that you are the only child and she is single, I would call her and tell her you are fine with her decision but could she please let you know who is the power of attorney so you'll know who to be in touch with in the event anything happens to her so you can get information.
All she really needs to know is who the lawyer is, who presumably has tabs on POA, advanced directives, wills, etc.
+1
I think your mother is telling you to butt out, OP.