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.
Yes, it is generally possible to remove an agent from a power of attorney (POA) document. As an estate planning attorney, I would advise that the process for removing an agent depends on several factors, including the type of POA, the specific language in the document, and the laws of your state.
If you are the principal (the person who created the POA), you have the right to revoke or modify the document as long as you are mentally competent. To remove an agent, you would typically need to follow these steps:
1. Create a new POA document that either names a new agent or excludes the agent you wish to remove. This new document should explicitly state that it revokes all prior POAs.
2. Notify the agent in writing that their authority has been revoked. It’s advisable to send this notification via certified mail to ensure you have proof of delivery.
3. Inform any third parties who may have been relying on the old POA (such as banks, healthcare providers, or government agencies) about the change. Provide them with a copy of the new POA if applicable.
4. If the original POA was recorded with a government office (which is common for durable POAs or those involving real estate transactions), you should record the revocation or new POA with the same office.
It’s important to note that if the POA is “springing” (meaning it only takes effect upon your incapacity) or if you are already incapacitated, the process becomes more complicated. In such cases, it may require court intervention to remove the agent.
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.