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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.
8 Answers
- Common SenseLv 72 months ago
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.
- Nuff SedLv 72 months ago
You fill out the form, write the instructions for what to do with it and mail it to him in prison. Legal papers are notarized every day in most prisons -- he just needs to ask someone with whom he needs to speak to have his signature witnessed and notarized. Then he sends it back to you and a copy to the other POA, sent via certified mail, revoking her powers.
Of course, you may also want to include some EVIDENCE of the alleged malfeasance as part of your justification for why he would WANT to sign the revocation you're attaching.
- Spock (rhp)Lv 72 months ago
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
- ExoplanetLv 72 months ago
You're not sure how the U.S. Mail works? Sadly, you are not qualified to act as his attorney-in-fact, either.
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- STEVEN FLv 72 months ago
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.
- ?Lv 62 months ago
>> NO, you cannot revoke the original POA; only your boyfriend can do that.
>> WHY did your boyfriend name his Office Assistant as the primary POA? That should make you very suspicious.
>> THE best way you can get the revocation papers to your boyfriend, is by mail, USPS, OVERNIGHT. (It will be worth the money.)
>> Then your boyfriend signs the Revocation Papers >>before a Notary. And then he can mail them back to you, USPS, OVERNIGHT.
>> Then the Office Assistant needs to be informed. You might want to take a Police Officer with you. You do not need to give an original revocation paper to the Office Assistant; you might need to give the Office Assistant a PHOTOCOPY - but only do it if asked. KEEP the originals for yourself.
>> I believe you will need an attorney eventually, and the longer you wait, the worse it may be. If this is for your boyfriend’s business, your boyfriend should be paying for the lawyer - not you.
>> Please consider getting rid of this guy, asap.
Good luck.
- 2 months ago
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.
- Anonymous2 months ago
The ONLY person who can CHANGE a POA is the person granted the Powers of Attorney. That's your boyfriend. The person granted the Powers - the "Office Assistant" could resign, and you would step into her place. The forms need to be notarized. I'm surprised the jail/prison offers notary services.
.
A NEW POA revoking the OLD POA is also an option - but, again, it must be notarized.



