Q: What are the steps on revoking a durable power of attorney from a spouse. The partner is no longer able to speak.
I'm the son of the partner who is unable to speak. Her spouse is not making choices in her best interests and our family believes he is using his power for his benefit. We believe he is using her money, credit cards, and has mentioned he is using our elderly grandmothers (now deceased) bank account since our mother had POA of her.
My mother was diagnosed with a grade 4 brain tumor in the beginning of February and we discovered this because she was acting lethargic. He had her sign this before her major surgery. She was not in any clear state of mind doing this.
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A: If the power of attorney is NOT durable then it was automatically revoked when your mother became incapacitated. If it is durable and your mother is no longer able to revoke it, then you would have to go to court to get a guardian and conservator appointee. The conservator would then be able to revoke the power of attorney. Another option is to report the wrongdoing to adult protective services.
Gerald Barry Dorfman agrees with this answer
A:
contact a local lawyer in your area with all the facts.
s/he will probably file for a guardian/conservator to address the inequities and rectify the problems.
in addition, adult protective services may intervene, depending on the facts.
A:
You may also be looking at an elder abuse situation, in which case the Court could issue appropriate orders to stop the financial abuse of someone who is incapacitated and order restoration of the moneys taken. The problem you highlight is the use of the word "SPOUSE" because a spouse has special standing and you may have a difficult time. You really need good assistance from a person that deals in elder law issues, conservators, abuse, etc. Sorry to hear you are going through this.
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