Written by Benjamin Kingsley
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To revoke a power of attorney (POA), the principal (the person who originally granted the POA) should take several steps to ensure the revocation is legally valid and effective:
First, the principal should create a written revocation document that clearly states their intention to revoke the existing power of attorney. This document should include the date of revocation, the principal’s full name, the name of the agent (attorney-in-fact) whose authority is being revoked, and the date of the original POA. The principal should sign and date this revocation document.
Next, the principal should notify the agent in writing that their authority under the POA has been revoked. It is advisable to send this notification via certified mail with return receipt requested to have proof that the agent received the notice. The principal should keep a copy of this notification and the return receipt for their records.
The principal should also notify any third parties who may have been relying on the POA, such as banks, healthcare providers, or government agencies. This helps ensure that these entities are aware that the agent no longer has authority to act on the principal’s behalf. The principal may need to provide these third parties with a copy of the revocation document.
If the original POA was recorded with a government office (which is sometimes done for durable POAs or those involving real estate transactions), the revocation should also be recorded with the same office. This creates a public record of the revocation.
Finally, it is advisable for the principal to destroy all copies of the original POA in their possession and request that the agent return or destroy any copies they may have. While this step is not strictly necessary from a legal standpoint, it can help prevent confusion or potential misuse of the revoked document.
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.