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Before death, a person doesn't have an executor (although the person may have granted the power of attorney to someone to act on his behalf).An ill, elderly parent who plans to sell or give away his or her principal residence would be well advised to consult with a lawyer who does Medicaid planning.

If an agent abuses the authority granted by a power of attorney, they may face both civil and criminal consequences. As for civil consequences, an agent can be sued for fraudulent conversion of the principal's money and be forced to provide restitution to the principal.

You can remove your self from both positions by resigning as the appointed attorney-in-fact also referred to as an agent. Acting as an agent for someone that has appointed you through a Power of Attorney is a voluntary act so you can...

If you're mentally competent and no longer wish to have someone appointed as your power of attorney, you can cancel it by submitting a formal revocation form, as well as notifying the individual and other relevant third parties, in writing. You may want to cancel your power of attorney for several reasons.

Once a parent is no longer competent, he or she cannot revoke the power of attorney. If the agent is acting improperly, family members can file a petition in court challenging the agent.

Unless the power of attorney states otherwise, and they usually don't, a revocation of a POA must be made in writing. A verbal revocation may not be enough.A revocation will reference the existing POA and the current attorney-in-fact and revoke the document and the powers granted.

Can Two Siblings Have Power of Attorney? Yes. Two or more parties can have your power of attorney. You should make sure that the power of attorney documents are well-drafted.