How to Dissolve an Irrevocable Power of Attorney
A power of attorney is an instrument which allows the grantor to designate an attorney to act as his authorized agent. An irrevocable power of attorney is a power of attorney which cannot be later withdrawn by the grantor. While a normal power of attorney may be withdrawn, an irrevocable power of attorney cannot. Therefore it is extremely difficult to convince a court to dissolve an irrevocable power of attorney.
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Instructions
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Obtain a copy of the irrevocable power of attorney instrument. Study the form for any contractual deformities that might render it invalid within your jurisdiction. Examples include failure of the parties to sign, lack of consideration or failure to notarize when applicable.
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Study the terms of the agreement which granted the irrevocable power of attorney. Some irrevocable power of attorney agreements provide terms whereby the power of attorney may dissolve automatically should certain events occur. Determine if these events may have occurred.
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Determine the conditions under which the irrevocable power of attorney was granted and the duty of care imposed on the person granted the irrevocable power of attorney.
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Create a list of possible violations of the grantee based on the conditions under which the power of attorney was granted and the duty of care imposed.
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Draft a petition in accordance with your local rules of civil procedure requesting that the judge presiding over the subject of the irrevocable power of attorney dissolve the irrevocable power of attorney. One common ground for dissolution is proving that the grantee is not acting in the best interest of the grantor.
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Tips & Warnings
Irrevocable power of attorney instruments may be used in contractual arrangements, complex financial arrangements or in estate planning. The type of irrevocable power of attorney used will govern your best course of action.
Before proceeding you should contact an attorney. An irrevocable power of attorney is presumed valid absent a strong showing to the contrary.
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