Under what circumstances can a durable power of attorney be nullified?

Cody R Cooper ∙ September 2, 2019

Generally, it depends on whether its the person who drafted the power of attorney who wants it nullified or a third party. Usually, the person who drafted it can revoke a power of attorney at any time as long as they have the capacity to do so. However, if it is a third party who wants it nullified, they must go through a court proceeding proving that the principal (the person who drafted the document) did know know what they were signing at the time or signed the document under duress. Also, a third party can have a POA removed if the POA is not acting in the best interest of the principal. How this all works out depends on the state the POA was drafted in and I suggest a consultation with a LegalZoom plan attorney in your state.

Cody Cooper's offices are located in Pasadena, California. Cody Cooper is licensed to practice law in the state of California and their comments may only apply to that state. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


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