Last updated January 31, 2024
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What is a Revocation of Power of Attorney?
A Revocation of Power of Attorney is a document that cancels a Power of Attorney (POA), taking away the powers and authority granted within it. It’s also known as a notice of revocation.
Ultimately, a Revocation of Power of Attorney is written confirmation that you, the principal, want to revoke the powers you previously granted to your attorney (i.e., the personal representative you named in your POA).
Rather than only informing your attorney verbally, you must revoke a POA with a written Revocation of Power of Attorney because it creates evidence of your intentions.
Like other estate planning documents, a Revocation of Power of Attorney helps you manage your life and protect your interests.
When to use a Revocation of Power of Attorney
You may want to revoke a power of attorney with a Revocation of Power of Attorney when:
- You can act for yourself and no longer need a representative
- The event or activity that called for a POA is over (e.g., you were away on business but have now returned)
- Your attorney can no longer act on your behalf (e.g., they are moving, unwell, or have passed away)
- Your attorney is not fit to act on your behalf (e.g., they’re untrustworthy or irresponsible)
- You want to appoint someone else
What should a Revocation of Power of Attorney include?
A Revocation of Power of Attorney must plainly state your desire to revoke a previous POA and include:
- Your name
- Your attorney’s name
- The date the Power of Attorney took effect
- The date the Power of Attorney is revoked
- Your and your witnesses’ signatures
How does a Revocation of Power of Attorney become effective?
In order for a Revocation of Power of Attorney to become effective, you must complete the following steps:
- Sign the revocation with witnesses.
- Provide a copy of the revocation to your attorney and ask them to return all of their copies of the Power of Attorney.
- Provide a copy of the revocation to any institutions, agencies, or offices where your Power of Attorney may have been used or registered.
Can I use a Revocation of Power of Attorney to revoke an Enduring Power of Attorney?
As long as you are mentally competent, you can use a Revocation of Power of Attorney to revoke an Enduring Power of Attorney.
Who has the authority to revoke a Power of Attorney?
As the principal of your Power of Attorney, you have the authority to cancel it. You can rescind your Power of Attorney at any time, as long as you are competent and notify your attorney. This is true even if the Power of Attorney has a specified end date.
However, it’s important to note that an Enduring Power of Attorney remains in effect even if you’re mentally incapacitated. Once you are lacking mental capacity, you’re no longer able to revoke an Enduring POA.
It’s also important to note that courts have the authority to revoke a Power of Attorney in certain situations, including circumstances where an attorney is deemed unfit to act.
How to give notice with a Revocation of Power of Attorney
To ensure that it’s effective, you must give a written and signed Revocation of Power of Attorney to your attorney and any relevant third party that may deal with your attorney, such as your bank. In addition, ask your attorney to return all of their copies of the POA and mark them as "revoked."
You can deliver a written revocation in person, by mail, or through email. In any case, it’s best practice to get proof of delivery. It is insufficient to simply send a revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation. Therefore, using registered mail or personally delivering the revocation may be the best option.
Do I have to use a written Revocation of Power of Attorney?
It’s best practice to use a written Revocation of Power of Attorney as evidence that you are revoking your attorney’s powers. Using a written document creates a paper trail and leaves no doubt as to your intention to revoke your attorney’s power. Providing your attorney with solely verbal notice is not a good idea.
In addition, using a Revocation of Power of Attorney helps ensure the revocation is legally recognized.