[GA] How does someone revoke a power of attorney and name a new agent?

GA Estate Planning

Lawyer, Esquire

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Yes, that's correct. Here's a detailed guide on how to proceed:

Revoke the Current Power of Attorney – Your grandmother should write a statement revoking the current power of attorney. This can be done using a simple form or letter stating that she is revoking the power of attorney granted to your mother. Have this document signed in front of a notary public to make it official. Deliver a copy of this revocation to your mother and any institutions where the power of attorney might have been used, like banks. Under Georgia's Power of Attorney Act (GA Code § 10-6B-10), a power of attorney terminates once the principal revokes it, so this written, notarized revocation is legally sufficient on its own.
Create a New Power of Attorney – Your grandmother can then create a new power of attorney document naming you as her agent. This document should also be signed in front of a notary public. Make sure to use a form that complies with Georgia state laws, which you can often find online or through a local attorney.
Distribute the New Power of Attorney – Provide copies of the new power of attorney to relevant parties, such as banks or financial institutions, to ensure they recognize you as the new agent.

Georgia Durable (Statutory) Power of Attorney Form

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My grandmother's daughter (my mom) was given power of attorney of her and her husband. Her husband (my grandfather) died in 2022. My mother is currently abusing the power of attorney, going bankrupt, taking out loans, and not allowing my grandmother access to her properties that were originally in her and my grandfather's name. What is the first step in helping my grandmother.

Lexi, Chatbot

I'm sorry to hear about your grandmother's situation, it must be very concerning for you. Have you or your grandmother attempted to discuss the issues with your mother regarding the power of attorney?

Yes but we both do not understand how to go about retaining the power of attorney and removing my mom.

Lexi, Chatbot

Has your grandmother expressed any specific wishes or concerns about her properties and financial situation that you think are important?

Yes. She is not allowed access to her properties. She is low income and wants to sell her properties and use the money to live out the rest of her life. She is in her 80s.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your grandmother's power of attorney.

No.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

Is your grandmother still mentally competent? Can you tell me what state she is in?

Yes, she is 100 percent competent.

Lawyer, Esquire

Could you please tell me which state your grandmother resides in?

Georgia.

Lawyer, Esquire

Okay, then your grandmother can easily revoke the power of attorney by simply writing out a simple statement saying that she is revoking the power of attorney granted to your mother, effective immediately, and signing it in front of a notary public. Then she would deliver a copy to your mother, and that would instantly revoke her power of attorney. It would also be a good idea to deliver copies of the revocation to anyone that your mother might have used the power of attorney with, like banks or financial institutions, to let them know that the power had been revoked.

Do I need to hire an attorney to go about this in the best way?

Lawyer, Esquire

Well no, as I just went over above, all it takes is a written revocation, and I provided a link to a free template. But if you mean suing mom for the money she took improperly from grandmother, then yes, grandmother would need a local civil law attorney to file suit and potentially help her pursue criminal charges for elder financial abuse if she wanted to go that far.

So what if she would like to remove my mother and place me in power of attorney? How would she go about that? So let me get this right. 1. Print form, sign, and get notarized.

Lawyer, Esquire

She revokes mom's POA and drafts a new one making you her POA.

2. Mail it to my mother?

Lawyer, Esquire

Yes, that's correct. Here's a detailed guide on how to proceed:

Revoke the Current Power of Attorney – Your grandmother should write a statement revoking the current power of attorney. This can be done using a simple form or letter stating that she is revoking the power of attorney granted to your mother. Have this document signed in front of a notary public to make it official. Deliver a copy of this revocation to your mother and any institutions where the power of attorney might have been used, like banks. Under Georgia's Power of Attorney Act (GA Code § 10-6B-10), a power of attorney terminates once the principal revokes it, so this written, notarized revocation is legally sufficient on its own.
Create a New Power of Attorney – Your grandmother can then create a new power of attorney document naming you as her agent. This document should also be signed in front of a notary public. Make sure to use a form that complies with Georgia state laws, which you can often find online or through a local attorney.
Distribute the New Power of Attorney – Provide copies of the new power of attorney to relevant parties, such as banks or financial institutions, to ensure they recognize you as the new agent.

Okay, more details to the situation. My mom has multiple foreclosure notices on the properties that were once in my grandmother's name. Once we revoke power of attorney, how would those situations go about? Would my grandmother be responsible for the foreclosures?

Lawyer, Esquire

A POA doesn't affect any foreclosure. Those are based on unpaid loans taken out by the borrower, so whoever borrowed the money and isn't paying is who the lender would be foreclosing on. So if your grandmother took out the loans, she is responsible for them. But the lender would foreclose on the properties regardless of whose name they are in, as they are secured collateral for the loans.

I hope I was able to answer any questions you had about the situation. If not, just reply back and we can continue further. It was my pleasure to work with you and help with your question. If you need further assistance, feel free to reach out. Have a good evening and be safe!

Would there be any benefit in obtaining the power of attorney back if the properties are going to foreclosure anyway? Or am I thinking wrong?

Lawyer, Esquire

Regaining the power of attorney can still be beneficial for your grandmother, even if the properties are facing foreclosure. Here's why:

Control Over Decisions: By revoking the power of attorney from your mother, your grandmother regains control over her financial and legal decisions. This means she can make informed choices about how to handle the foreclosure process and any other financial matters.
Prevent Further Misuse: It prevents any further misuse of her assets or finances by your mother, ensuring that no additional loans or financial decisions are made without your grandmother's consent.
Explore Alternatives: With control back in her hands, your grandmother can explore alternatives to foreclosure, such as negotiating with the lender, seeking a loan modification, or selling the properties to pay off the debts.
Legal Recourse: If your mother misused the power of attorney, your grandmother might have legal recourse to recover some of the losses or address any fraudulent actions.

Even if foreclosure seems imminent, having the power of attorney back allows your grandmother to make the best possible decisions for her situation.

Lawyer, Esquire

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