My father had to sign over power-of-attorney before going through surgery, now my brother is holding all his checks and bank cards and using his money at will. My father is totally capable of handling his finances and has no need for power of attorney. He signed this power oveer while in the hospital, what does he need to do to get this reversed and get his checks and bank cards returned to him?
Alabama's Power of Attorney law in contained in section 26-1-2 of the Alabama Code.
A Power of Attorney is revocable by written revocation, destruction of document, or verbal expression of intent to cancel. However, if your brother will not return the checks and bank cards your Father needs to notify the bank that the POA is in fact revoked and to cancel all transactions. He may need to close his account and/or cancel his bank card. He should consider speaking with an attorney to get the money back. Violating the POA is a serious issue. Good luck.
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