Suppose we have to remove an attorney in fact. Suppose that Aunt Gertrude’s attorney in fact, her niece Milly, has been less-than-honest with her Aunt Gertrude. How does Aunt Gertrude go about removing her? Every state has different laws, so your Aunt Gertrude will have to be sure that she is taking actions which work for her situation and in her jurisdiction.
The first thing to know is this: You may remove your attorney in fact as long as you are in your right mind (sui juris). In civil law the phrase sui juris indicates legal competence, the capacity to manage one’s own affairs.
Don’t let anyone tell you that now that I’m your “Power of Attorney, you can’t tell me what to do.” You are still the boss.
Next, you have the right to appoint anyone you trust. It does not have to be a family member. And you can make the change for any reason, or for no reason at all. The choice is yours.
Finally, to remove the person appointed as your attorney in fact, notify him or her, preferably in person and in writing. Have your attorney notify them as well.
Aunt Gertrude should tell Milly that she is no longer her attorney in fact. Aunt Gertrude should write to Milly, certified mail if possible. And Aunt Gertrude’s attorney, if it’s not too much trouble, should contact Milly, via writing, that she is no longer the attorney in fact for Aunt Gertrude.
Sound like too much work? Then, at least tell Milly of the change, and tell your bank, the place where the money resides. They can help you from there. Your local County Office of Aging can also help you. Aunt Gertrude can make the change. She might need your help. Be there for your Aunt Gertrude.
Finally, to remove the person appointed as your attorney in fact, notify him or her, preferably in person and in writing. Have your attorney notify them as well.
Aunt Gertrude should tell Milly that she is no longer her attorney in fact. Aunt Gertrude should write to Milly, certified mail if possible. And Aunt Gertrude’s attorney, if it’s not too much trouble, should contact Milly, via writing, that she is no longer the attorney in fact for Aunt Gertrude.
Sound like too much work? Then, at least tell Milly of the change, and tell your bank, the place where the money resides. They can help you from there. Your local County Office of Aging can also help you. Aunt Gertrude can make the change. She might need your help. Be there for your Aunt Gertrude.
