2 Comments Wills, probate, letters of administration, powers of attorney
Is your power of attorney noted to be irrevocable? If it is irrevocable you have to agree before it can be revoked. Otherwise, if your mother wishes she can prepare a new power of attorney which either supercedes yours or operate concurrently with yours. I note your mother has to have capacity and sign the power of attorney for it to be effective.
The law in NSW (which I assume the power of attorney is to operate) states that if you as the attorney is not aware of the revocation of your power of attorney you would not have done anything wrong if you exercise your duty as the attorney. That is why when an attorney is revoked he usually signs a letter of revocation which is registered to clearly document the revocation.
Registration of a power of attorney at NSW Land is optional unless it is used for a land transaction. Contact Land and Property Information NSW http://www.lpi.nsw.gov.au/
Thanks for the reply, I have checked and it's not irrevocable.
She still has the capacity and is of sound mind at the moment at 87 but I have a sibling who is trying to gain more control over mum's affairs, they are in the same city as her whereas I am 200kms away. I am concerned about them convincing her to change POA over to them.