California Power Of Attorney
Q.I live in California, and have been assisting my wife in working to collect child support for her children. We have a private attorney as well as a case with a local DA.. and a very creative deadbeat dad who owes us a great deal of money. English is not my wife's first language, so she has wanted me to handle much of her case on her behalf. When we opened the case with the DA, she put on file with them a notarized letter granting me power of attorney to act on her behalf. I know that the DA's office is not pleased with me, because I have been agressive in making them uphold the law as much as possible, to put all the legal pressure possible on the deadbeat dad, who now owes us over $35,000 in unpaid support. Recently, I went into the DA's office, with new information which I believe they could use to prosecute the man for perjury. At that time, I was informed that one of their supervisors had revoked my power of attorney, and therefore no one in their office could discuss the case with me. My basic questions - can ANYONE other than the person who assigned Power of Attorney revoke it under normal circumstances? If not, might we have a reasonable case against the DA, and might there be value to filing a lawsuit?
A.I did ask my own attorney about the legality of what was done, and he said that he had never heard of such a practice, however it did not surprise him, given that they have probably been annoyed by my aggressiveness in a case which is really an embarassment to them. The problem that you have does not have to do with the cancellation of the power of attorney. While powers of attorney in California can expire by operation of law (i.e. death, mental incapacaity), they can general be revoked only by the person making the power of attorney . On the other hand, there is nothing that requires the DA to accept the power of attorney, either. They can't cancel, but you can't force them to accept it, either.
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