Seattle, WA asked in Estate Planning and Family Law for Oregon

Q: If a person gives you power of attorney to take possession of belongings can they take back the belongings later?

I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: Yes, a power of attorney can be revoked by the principal at any time. Do take care not to do anything after revocation that could expose you to liability for theft or conversion.

You do have a claim for reimbursement of expenses. Take a look at possibly pursuing that in small claims court if he has not reimbursed you voluntarily.

Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: When a person signs a Power of Attorney they can revoke that document at any time. A Power of Attorney gives the Agent named in the document the ability to help the Principal (the person who signed the POA) with their finances.

In your case the question is did your ex-boyfriend actually GIFT the storage units to you or were you just in charge of them for him?

Also, did you use YOUR money to pay for the units or HIS? If you used your money then you might have a small claims action against him for repayment of the $1,400. You can pursue small claims without an attorney. Check the website of the county court where the issue took place.

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