- 1). 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.
- 2). 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.
- 3). 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.
- 4). 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.
- 5). 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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