How to Properly Revoke a Power of Attorney

A power of attorney (POA) is a legal document that grants one person or entity, known as an agent, the authority to act on behalf of another person, typically in legal or financial matters. The scope of this authority can be broad or limited, and the arrangement can be set up to be temporary or lasting until it’s revoked. Reasons for revoking a power of attorney can vary widely; you may want to do so if your relationship with the agent changes, if you no longer need their services, or if you want to appoint a different agent due to changes in your life or financial situation. Ensuring that the revocation process is handled correctly is essential to regain control over your decisions and affairs. Here’s what you typically need to do:

  1. Write a Revocation Statement: Create a formal written declaration stating that you are revoking the power of attorney granted to your agent. This document should include the date the original POA was executed, the name of the agent, and a statement that you are revoking all powers granted.

 

  1. Sign and Notarize the Revocation: The revocation should be signed in the presence of a notary to ensure its authenticity. This is especially important if the original POA was notarized.

 

  1. Notify Your Agent: Send a copy of the revocation notice to your former agent to inform them that they no longer hold power of attorney. It’s best to do this via certified mail or another method that provides proof of delivery.

 

  1. Notify Third Parties: Inform any financial institutions, healthcare providers, and other entities that might have been dealing with your agent under the power of attorney. Providing them with a copy of the revocation will help prevent the former agent from continuing to act on your behalf.

 

  1. Record the Revocation: If the original power of attorney was filed with any government body (like in real estate transactions), the revocation should also be recorded in the same way to legally nullify the previous document.

 

  1. Keep Records: Retain copies of the revocation notice and any correspondence related to the revocation for your records.

Navigating these changes can be complex, and consulting with an attorney is highly advisable. At Eastham Law Offices, we are equipped to assist you in drafting the revocation document and ensuring that all legal procedures are meticulously followed. If you require guidance or support, please do not hesitate to contact us. Protect your interests and ensure your directives are executed as intended by calling 561-395-6800 or completing our contact form. We will promptly reach out to schedule a consultation.