Q: Atty. put self 2nd for property power of atty. Had said no need for a 2nd, then surprised us at signing-should we care?
Did husband and self: wills, trusts, health power, all with relatives names 1st and 2nd.
A:
If you do not trust the attorney, then you should seek to revoke this document. A power of attorney gives your agent the authority to make legal decisions on your behalf, including handling bank accounts, real estate, and other assets. These are considerable powers that you should only give to those you truly trust.
There is always the potential for fraud in a power of attorney arrangement, through self dealing, unlawful gifting, or embezzlement. A power of attorney can also change beneficiary designations on life insurance, annuities, or other payable on death accounts. If you do not trust this attorney, there is certainly a potential for abuse.
If you want to revoke the power of attorney for property, you should send him a letter, notarized, stating that you revoke the power of attorney made on that date and he has not authority to act as your agent. Keep copies of this letter for your records just in case you need it later.
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