Can I Revoke a Power of Attorney?

As the principal, as long as you have the capacity to make decisions, you can revoke your power of attorney at any time. A power of attorney can be revoked by preparing a new power of attorney, signing a Notice of Revocation, or destroying all of the copies of the previous power of attorney if they have not been distributed to the agent. Whether a Notice of Revocation or a new power of attorney should be prepared depends on the legal requirements in your state.  

Reasons you might consider revoking a power of attorney can include: 

• The incapacity or death of the agent
• Lack of agent availability 
• Per the request of the agent 
• Relationship changes, such as marriage or divorce
• The signed power of attorney document is lost 
• Moving to another state 
• Changing the terms 

A Notice of Revocation must be signed, dated and notarized. While witnessing is not typically required, it is recommended for individuals who are concerned about being challenged regarding their mental competence at the time of revocation. Notice of Revocation forms can be recorded or unrecorded, and the type of form used depends on whether the original power of attorney was recorded. If the original document was not recorded, you have the option of recording the Notice of Revocation form to prevent your former agent from taking action without proper authorization. 

Once the Notice of Revocation is signed, copies must be provided to your former agent and any person or entity that may have interacted with that agent in the past or may potentially interact with them in the future. All parties must receive a copy of the Notice of Revocation in order for the revocation to be effective. The purpose of this notification is to prevent any potential transactions from occurring between your former agent and other people or entities. This is particularly important since it is possible that you may be held liable for actions taken by your former agent despite your efforts to revoke the power of attorney. 

Individuals who are considering revoking their power of attorney are encouraged to consult with an attorney to ensure all necessary legal precautions and requirements are met. While there are programs and services that enable individuals to revoke a power of attorney on their own, it is highly advisable to work with a legal professional to ensure that the process is completed correctly. In working with a legal professional, you can also have the assurance that if your power of attorney or capacity is ever questioned, you have the appropriate representation to defend your rights. 

Sources 

“Revoking Your Durable Power of Attorney for Finances”. Quicken. https://www.willmaker.com/legal-manual/durable-powers-of-attorney-for-finances/revoking-your-durable-power-of-attorney-for-finances.html 

“How to Revoke a Power of Attorney”. Just Great Lawyers. https://www.justgreatlawyers.com/legal-guides/how-to-revoke-a-power-of-attorney