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.
A healthcare power of attorney is an important legal document that can indeed be changed or revoked under certain circumstances. The principal (the person who created the document) generally retains the right to modify or terminate their healthcare power of attorney as long as they are mentally competent to do so.
To change a healthcare power of attorney, the principal typically needs to create a new document that explicitly states it supersedes the previous one. This new document should be properly executed according to state laws, which often require signatures, witnesses, and/or notarization. It’s crucial to inform all relevant parties, including healthcare providers and the previously appointed agent, about the changes to ensure everyone is aware of the new arrangements.
Revoking a healthcare power of attorney can be done in several ways, depending on state laws and the specific terms of the document. Common methods include:
1. Creating a written revocation statement that is signed and dated by the principal.
2. Physically destroying all copies of the document with the intent to revoke it.
3. Verbally informing the agent and healthcare providers of the revocation.
4. Creating a new healthcare power of attorney that explicitly revokes the previous one.
It’s important to note that some states have specific requirements for revoking a healthcare power of attorney. For example, some may require written revocation or mandate that the revocation be communicated to healthcare providers to be effective. Additionally, if the principal becomes incapacitated, they may lose the ability to change or revoke the document, depending on state laws and the terms of the power of attorney itself.
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.