Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

Changing or modifying a power of attorney (POA) is an important process that requires careful consideration and adherence to legal requirements. As an estate planning attorney, I would advise that the specific steps to change or modify a POA can vary depending on the type of POA and the laws of your state. However, here are some general guidelines to follow:

First and foremost, it’s important to understand that U.S. state laws govern the creation, modification, and revocation of powers of attorney. Each state has its own specific requirements and procedures, so it’s essential to consult the laws of your particular state or seek legal counsel to ensure compliance with local regulations.

In most cases, if you wish to make changes to an existing POA, the simplest and most straightforward approach is to revoke the current POA and create a new one that reflects your desired modifications. This process typically involves the following steps:

1. Draft a formal revocation document that clearly states your intention to revoke the existing POA. This document should include the date of the original POA, the name of your agent (attorney-in-fact), and a clear statement of revocation.

2. Sign and date the revocation document in the presence of a notary public.

3. Notify your agent and any relevant third parties (e.g., banks, healthcare providers) of the revocation in writing.

4. Create a new POA that incorporates the desired changes and complies with your state’s current legal requirements.

5. Sign and execute the new POA according to your state’s laws, which typically involve signing in the presence of witnesses and/or a notary public.

It’s important to note that some states may allow for the modification of an existing POA through an amendment or addendum. However, this approach can sometimes lead to confusion or potential legal challenges, which is why creating a new POA is often recommended.

If you have a durable POA that remains in effect even if you become incapacitated, it’s important to ensure that you make any necessary changes while you still have the mental capacity to do so. Once you become incapacitated, you may no longer have the legal ability to modify or revoke a POA.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.