Power of Attorney (POA)
Legal News & Firm Updates
Luther v. Luther - Revocation of power of attorney
Posted: August 21st, 2008 by Gaslowitz Frankel LLCIn 2003, a mother named one of her daughters to act on her behalf under both a Durable Power of Attorney and a Durable Power of Attorney for Health Care. By early 2006, when the mother was suffering from Alzheimer’s, the daughter arranged for in-home care. Later that year, the mother’s three other children forcibly took her from her home, arranged for her to sign a “Revocation of Power of Attorney,” took her to the bank to close her accounts, and then transported her out of state. At an emergency hearing that included testimony from doctors about the mother’s incompetence, the trial court ordered the other children to return the mother to her home in Georgia. Later the trial court issued a final order ruling that the other children may not interfere with the mother’s care and declaring that the revocation was void. The other children appealed. The Court of Appeals ruled1 that refusing to allow the mother to testify at a later hearing was justified, given the evidence of her incapacity; it upheld the trial court’s decision not to appoint a guardian ad litem, since the mother’s interests were fully protected by her daughter; and it upheld the trial court rulings on issues of equitable relief and parties in interest. The Court of Appeals also found that the trial court’s order prohibiting the children from interfering in any of the financial and personal affairs of the mother was warranted, given their earlier actions.
1 2008 WL 256986 (Ga. App. 2008)
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