How to Take Power of Attorney Away from Someone

Powers of Attorney are a type of legal document that allow an individual to nominate one or more people to make decisions on their behalf should they be unable to do so. The person who makes a power of attorney document is called a donor. The person who is appointed to act on the donor’s behalf is called an attorney.

Donors can appoint attorneys to make decisions on their health, their finances, or both. This could include important decisions such as:

·      When to move the donor into a care home or nursing home

·      What sort of medical treatment the donor should receive

·      Whether the donor should have a DNR (do not resuscitate) order

·      Whether the donor’s property should be sold

·      How to manage the donor’s finances or property

·      Whether financial gifts should be given to loved ones from the donor’s bank account (e.g. for birthdays, graduations, weddings, etc)

When a donor chooses to appoint an attorney, they are giving them a great deal of power. Because of this, it’s vitally important to choose attorneys very carefully. Donors often choose to appoint family members or close friends. It’s also possible to appoint a solicitor as a professional attorney.

Of course, no matter how carefully this issue is considered, circumstances can change or things might not work out as expected. In these situations, either the donor or those close to them might want to know more about how to take power of attorney away from an attorney.

The difference between a Lasting Power of Attorney and an Ordinary Power of Attorney

There are two main types of powers of attorney: Lasting Power of Attorney and Ordinary Power of Attorney.

An Ordinary Power of Attorney allows a donor to delegate decision making powers to an attorney for a short time, such as during a period of ill health or a period they plan to be overseas.

A Lasting Power of Attorney allows a donor to appoint an attorney to make decisions for them on a long-term basis should they no longer have the mental capacity to do so, for example if they developed dementia.

Can you change your mind about giving someone Power of Attorney?

If you have made and signed a Power of Attorney such as a Lasting Power of Attorney or an Ordinary Power of Attorney, you are perfectly within your rights to...Read more