Revocation of Power of Attorney
A Power of Attorney is the legal power you can give to a representative, usually a family member or a trusted individual. A power of Attorney is usually given to a selected individual in the occurrence of events such as: mental incompetence or absence. When an individual is given a Power of Attorney, they then become your attorney-in-fact or agent and may now make decisions for you. You may be able to give a trusted individual power over your financial matter such as tax paying or banking matters.
To be able to legally appoint a representative as your attorney-in-fact, you will need to sign and complete a fill-in-the-blank form which is usually a few pages long. In order for this form to manifest you must sign it in front of a notary public or in some states, witnesses.
A Power of Attorney ends when you declare so, you may be able to state a date as to when the Power of Attorney ends. Your Power of Attorney also ends if you revoke it, and you may be able to revoke it for a number of reasons such as: taking back full control over a business, wanting to appoint a new person to become an agent, divorce, or you are no longer absent and can make your own decisions. As long as you are mentally competent for these situations, the discontinuance will be granted. Finally, the Power of Attorney naturally ends at your death, which means that they will have no power over what is stated in the legal documents unless you mention them in your will as an “executor.”
Power Of Attorney, Revocation, Simple
Revocation of Power of Attorney
I, __________________, herewith:
revoke that certain power of attorney, dated _______, 20___, naming _______________ as my attorney in fact.
Dated: __________________________
____________________________________________
Witnesses:
____________________________________________
___________________________________________
___________________________________________
Notary:
My Commission Expires:Revocation of Power of Attorney
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This is a simple revocation that can promptly revoke a Power of Attorney you have given out. As a practical matter, get all the copies of the earlier Power of Attorney back in your possession.
1. Make multiple copies. Be sure everyone that originally got the Power of Attorney being revoked gets a copy of this document.
Frequently Asked Questions
What is a revocation of power of attorney?
A revocation of power of attorney is a legal document used to cancel a previously granted power of attorney. It allows the principal to formally revoke the authority given to an attorney-in-fact. The document typically includes the date of the original power of attorney and the name of the attorney-in-fact being revoked.
How do I revoke a power of attorney?
To revoke a power of attorney, you can use a simple revocation form like the one described in the article. The form requires you to fill in your name, the date of the original power of attorney, and the name of the attorney-in-fact. It should be dated and signed, and may require witnesses and a notary.
Do I need to notify anyone when I revoke a power of attorney?
Yes, it is important to notify anyone who originally received a copy of the power of attorney being revoked. The article advises that everyone that originally got the power of attorney should get a copy of the revocation document. This helps ensure that the revocation is known and prevents the attorney-in-fact from continuing to act under the revoked authority.
What should I do with the original power of attorney after revoking it?
As a practical matter, you should get all the copies of the earlier power of attorney back in your possession. This helps prevent misuse of the revoked document. The article recommends making multiple copies of the revocation and distributing them to relevant parties.
Does a revocation of power of attorney need to be notarized?
The article's revocation form includes a section for a notary, indicating that notarization is part of the process. However, the specific legal requirements for notarization may vary by jurisdiction. It is advisable to check local laws or consult an attorney to ensure compliance.
Who should receive a copy of the revocation of power of attorney?
Everyone that originally got the power of attorney being revoked should receive a copy of the revocation document. This typically includes the attorney-in-fact and any institutions or individuals who were given the original power of attorney. Providing copies helps ensure that all parties are aware of the revocation.
Can I revoke a power of attorney without the attorney-in-fact's consent?
Yes, as the principal, you can revoke a power of attorney without the consent of the attorney-in-fact. The revocation is a unilateral act by the principal. The article provides a simple form for this purpose, indicating that you can promptly revoke a power of attorney you have given out.
What happens if I don't revoke a power of attorney properly?
If a power of attorney is not properly revoked, the attorney-in-fact may continue to act under the authority granted. This could lead to legal and financial consequences. To avoid this, it is important to follow the steps in the article, such as using a revocation form, notifying all relevant parties, and retrieving copies of the original document.
Is a simple revocation of power of attorney sufficient to cancel all powers?
The article describes a simple revocation that can promptly revoke a power of attorney you have given out. However, it is essential to ensure that the revocation complies with applicable laws and that all copies of the original power of attorney are retrieved. For complex situations, consulting an attorney is recommended.
How many copies of the revocation should I make?
The article advises making multiple copies of the revocation document. Be sure everyone that originally got the power of attorney being revoked gets a copy. This helps ensure that all relevant parties are informed of the revocation.
