As an alternate POA can I revocate the primary POA? ?
My Boyfriend got notified he had only 10 days to surrender himself to jail and he downloaded a POA form online and named his Office Assistant Primary POA and me as an alternate POA. The Assistant is not acting on behalf of my boyfriends best interest..She is ignoring his calls and changed his passwords to everything relating to his business and bank...He believes since theres no one in place to watch her or protect his assets that she is stealing everything from him. He asked me to go onto the website he used to print out the POA forms to download a revocation form, which I have done.. Theres currently no visitation in jail due to covid. So getting the forms signed by him would be difficult..Do i have the power to sign on his behalf? Im not sure if i can mail him the documents and then have him mail it back to me...but if anyone has any advice im all ears. What can I do to help protect my boyfriend? I cant afford a lawyer either.
Common Sense2021-02-03T04:37:20Z
You draw up another P.O.A. using the first one as a sample, but eliminate the primary's name and have you be the sole agent.
Send it to him for him to sign and date IN FRONT OF A NOTARY (jails have that service). Once you get that document, it REPLACES any previously dated POA. Then, it is up to you to get certified Copies or bring the original (which YOU always keep)to be copied to the bank and other places where you are acting as his agent.
As far as passwords being changed, she probably will not t cooperate with you on that. If not, go to the bank and have THEM reset the password when you bring them the new POA, before she has the chance to do anything wrong.
mail him the revocation documents PLUS a new POA form designating you, with a stamped envelope in which to return them. He'll find someone at the jail to witness them. then, you take the signed documents to all of the affected businesses -- banks, suppliers, etc. and let them copy them [but you get the original back]. this will set you up with the power. Then, after you're fully in charge, you audit the books and accounts ... and sue the assistant's tail off if there's any assets missing or misused. -- GL
NO. Unless the person GRANTING the POA has been declared legally incompetent, ONLY that person can revoke (not revocate) the POA. If they have been declared legally incompetent, only a COURT ORDER can revoke the POA.
That said, in the case you describe, you can take the form to him and HE can revoke the POA. In fact, HE can tell the warden he wants to revoke the POA and they can pull the necessary forms out of a file cabinet.
1. BF is the only one that can revoke a POA that he created. 2. If there is no visitation, mail is your only option. 3. If BF can 'see' that his assistant has changed his passwords, he has internet and there is something rotten in the kingdom of Denmark. Stay out of this. 4. Dump him.