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, in most cases you can change the agent named in your power of attorney (POA) document. As the principal who created the POA, you generally retain the right to modify or revoke it as long as you are mentally competent. However, there are a few important considerations to keep in mind:

First, you’ll need to follow the proper legal procedures to change your agent. This typically involves revoking the existing POA and executing a new one that names your desired agent. Simply crossing out the old agent’s name and writing in a new one is not legally sufficient. You’ll want to create a new POA document that clearly states it is revoking and replacing any previous POAs.

Second, be sure to notify your previous agent that their authority has been revoked. It’s also wise to inform any institutions or individuals who may have been relying on the old POA (such as banks, doctors, etc.) that it is no longer in effect and provide them with the updated document.

Third, if your POA is recorded with your county recorder’s office, you’ll need to record the new POA as well. This ensures that the public record accurately reflects your current wishes and agent designation.

Finally, if your existing POA is “durable,” meaning it remains in effect if you become incapacitated, it’s especially crucial to make any desired changes while you are still mentally competent. Once you lose capacity, you can no longer legally modify or revoke a durable 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.