Can I Have My Mother’s Power of Attorney Revoked?

  • Power of Attorney
Can I Have My Mother's Power of Attorney Revoked?

My mother gave someone her power of attorney. Now my mother’s doctor says she is medically unable to make her own decisions. I want to be appointed her adult guardian – how do I revoke the power of attorney?

A power of attorney can become inactive if the grantor, your mother in this case, no longer has the capacity to make decisions. Whoever has the authority to act on your mother’s behalf can cancel or revoke the power of attorney because she no longer has capacity.

A Power of Attorney (POA) gives someone else the legal authority to make financial, medical, and personal decisions for another person. Some powers of attorney are put in place in the event someone becomes incapacitated – so that someone they trust can make decisions on their behalf – pay their bills, give directions to their doctors and other decisions that cannot wait. Most frequently, a POA is for a specific period of time or for a specific transaction, so the power of attorney will expire or end at that point.

If the POA was put into place for when and if your mother becomes incapacitated, and she is now incapacitated and if her doctor and the court determined that she was legally competent at the time the power of attorney was put in place, you may have few options.

It is possible to end a permanent or a temporary power of attorney. In both cases, you should consult an experienced power of attorney lawyer to review the facts of the case and advise you on the best course of action to revoke the power of attorney or to challenge it. You may also end up seeking to be appointed as a guardian by a court.

Watch: Attorney Mario Godoy Explain How To Revoke a Power of Attorney in Illinois


DuPage County Power of Attorney Lawyer

Do you have questions about revoking or executing a Power of Attorney? Our experienced Power of Attorney Lawyers in Oak Brook, Illinois can advise you on the best options to protect your assets and loved ones. To talk to an estate planning attorney contact the Estate & Probate Legal Group at 630-864-5835.

We provide legal services in Cook, DuPage, Kane, Lake, and Will counties.