Submitted by Concern4H on Tue, 07/21/2009 - 18:57
My mother gave a power of attorney to her sister. After 6 years, the sister decided she had enough, said that she couldn't handle my mother's declining mental state. She then went back to the same attorney who made the original POA document and signed a new document stating that she quit the POA for health reasons. She claims that the attorney told her she could do that, and that she could pay herself fees for the POA services out of my mother's bank account that she still had access to. My understanding of POA is that only the person who gave the POA can revoke it, and that if you are a private individual not in the business of providing POA services, you cannot pay yourself. Who's right?
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Editor's Response
The Agent (person named in the Power of Attorney) can resign at any time, regardless of whether the Principal wants her to or not. However, my understanding (and I would not bet the farm on this) is that the Agent can only collect fees for his or her services if the POA specifically authorizes those fees.