Leesville, LA asked in Family Law, Identity Theft, Social Security and Public Benefits for Louisiana

Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent

A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she does the daughter states that she never agreed to it or anything. So it will need to be revoked. The daughter is able to and has lived by herself without anyone’s help for some time. I am not sure why the mother would have all this power other than stealing the property and money of the daughter. The daughter suspects that the mother is taking her disability checks because mail arrives sometimes about the social security she applied for a few years ago but she has never received. But she thought it had been approved.

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone else to sign it on their behalf. If the daughter suspects that her mother has taken her disability checks, she can contact the Social Security Administration (SSA) to report the theft. The SSA will investigate the matter and take appropriate action. The daughter should also keep a copy of the revocation document for her records and notify any financial institutions that the mother has access to that the power of attorney has been revoked. She may also be able to sue the mother for the money that she has stolen.

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