Written by Benjamin Kingsley
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Modifying or editing an existing power of attorney (POA) document requires careful consideration and proper legal procedures. Simply crossing out sections or writing in changes is generally not recommended and may invalidate the document. The proper way to modify a POA typically involves creating an entirely new document or adding an amendment, depending on the extent of changes needed.
To make minor modifications to an existing POA, the principal (the person granting the power) may be able to add an amendment or codicil. This separate document outlines the specific changes and is attached to the original POA. However, for significant changes, it is usually advisable to revoke the existing POA and create a new one that reflects the desired modifications.
Regarding notarization, while not all states require POAs to be notarized, having the document notarized adds an extra layer of authenticity and can help prevent challenges to its validity. When modifying a POA, it is generally recommended to have the changes notarized, especially if the original document was notarized. This helps ensure the modifications are recognized as legitimate and binding.
For name changes of the agent (the person appointed to act on behalf of the principal), it is crucial to update the POA to reflect the new legal name. This typically involves creating a new POA or adding an amendment that clearly states the agent’s former name and new legal name. The principal should sign and date this modification, and having it notarized is advisable.
It is important to note that financial institutions, healthcare providers, and other entities that rely on the POA may have specific requirements for accepting modifications. Some may require a completely new POA rather than accepting amendments or changes to an existing document. Therefore, it is advisable to check with these institutions about their policies regarding POA modifications.
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.