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Can a POA be rescinded?

  • Thread starter Thread starter Viksyn
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Viksyn

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The person I'm writing for is currently in a Long Island, NY nursing care facility. This person, Christine, has been very ill for a number of years with severe MS. She is not a senior citizen, but her physical battle with MS and subsequent disability have put her in a care facility.

A few years ago, Christine was near death due to the MS & associated complications, and she gave POA to a supposedly trusted family friend. At that time, Christine thought she had only signed an agreement whereby the friend would take care of her bills, deposit checks, etc. However, Christine now thinks that she may have inadvertently signed a much more far-reaching document. This "friend" has taken Christine out of a good facility in Massachusetts and put her in this Long Island facility where the care is much worse, the facility is dirty, and Christine is now suffering from severe depression on top of everything else.

Question: Because Christine is of sound mind and knows what's going on, is there any way that she can rescind the POA she gave to the "friend" who isn't acting in her best interests now? Christine has tried to talk to the person with the POA to have her taken out of the LI facility but this person is ignoring her. Can anything be done? Any advice would really be appreciated - Thanks!!

Viksyn
 


I AM ALWAYS LIABLE

Senior Member
Viksyn said:
The person I'm writing for is currently in a Long Island, NY nursing care facility. This person, Christine, has been very ill for a number of years with severe MS. She is not a senior citizen, but her physical battle with MS and subsequent disability have put her in a care facility.

A few years ago, Christine was near death due to the MS & associated complications, and she gave POA to a supposedly trusted family friend. At that time, Christine thought she had only signed an agreement whereby the friend would take care of her bills, deposit checks, etc. However, Christine now thinks that she may have inadvertently signed a much more far-reaching document. This "friend" has taken Christine out of a good facility in Massachusetts and put her in this Long Island facility where the care is much worse, the facility is dirty, and Christine is now suffering from severe depression on top of everything else.

Question: Because Christine is of sound mind and knows what's going on, is there any way that she can rescind the POA she gave to the "friend" who isn't acting in her best interests now? Christine has tried to talk to the person with the POA to have her taken out of the LI facility but this person is ignoring her. Can anything be done? Any advice would really be appreciated - Thanks!!

Viksyn


My response:

Yes, to get the "agent's attention", Christine needs to have an attorney write a Certified Return Receipt letter to the "agent" informing the "agent" that the POA is withdrawn, rescinded and void - - that any use of the same from XXXXX date forward will be considered fraud on the part of the agent.

IAAL
 

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