A Revocation of Power of Attorney form allows you (the “Principal”) to change your mind about who you want to act on your behalf for personal, healthcare, business, or legal matters. As the name suggests, you can revoke or cancel the power and authority previously granted to this person, known as your “Agent.”
Just as a Principal can create a Power of Attorney (POA), a Principal can also revoke that power.
A simple Revocation of POA should generally identify the following information:
- Who was appointed as agent in the original POA
- When the POA should be effectively revoked, usually immediately
Revocation of Power of Attorney – By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
What Is a Revocation of Power of Attorney?
A Revocation of Power of Attorney is a legal document in which a principal (the signatory of the Power of Attorney document) cancels the powers granted to their Agent or Attorney-in-Fact (the person named and appointed as agent in the document ).
Reasons to Revoke a Power of Attorney
You may need to cancel or rescind the authority you previously gave to the Agent for many reasons. You may need to revoke a POA if:
Change in Circumstances: Life events such as marriage, divorce, or the birth of children can prompt a need to reconsider and adjust the appointed agent.
Agent Incapacity or Unavailability: If the agent becomes unable to perform their duties or is no longer available, the principal may need to appoint a new agent, leading to revocation of the existing POA.
Completion of Task or Transaction: If the POA was created for a specific purpose, such as a single transaction or task, revocation may occur once that purpose is fulfilled.
Loss of Trust: If the principal no longer trusts the agent or perceives a lack of alignment with their best interests, they may revoke the POA.
Change of Mind: The principal has the right to change their mind at any time and may revoke the POA if they no longer wish to grant the designated authority.
Reviewing your power of attorney regularly is important to determine if you still want your appointed agent to have their powers. Consider reading our estate planning checklist to get other related affairs in order.
How to Revoke a Power of Attorney
Revoking a Power of Attorney is a critical process that must be undertaken with precision and legal awareness. The principal, the individual granting the POA, can revoke the POA, provided they are mentally competent to make such a decision. The steps involved in this process are as follows:
- Fill Out The Document: The principal must fill out a revocation of POA form, available in formats like PDF or Word. This form should include the state and county of the principal’s residence, the principal’s details, recording details (if the POA was recorded), the revocation effective date, and the name of the agent or attorney-in-fact.
- Sign and Notarize: After completing the form, the principal should sign it. Notarization of the signed form is recommended, especially if the original POA was notarized.
- Include Witnesses: Having two adult witnesses during the signing process adds to the legitimacy of the revocation.
- Record In The County Recorder’s Office (Optional): If the original POA was officially recorded, the revocation should also be recorded in the same county recorder’s office.
- Inform the Agent and Third Parties: Notify the agent of their termination through certified mail for a formal record. Also, inform all third parties who received the POA, such as financial institutions, lawyers, and accountants.
- Destroy Any Remaining Copies Securely: Any remaining copies, whether with the principal or third parties, should be securely destroyed, typically by shredding.
What Happens If You Don’t Revoke Your Power of Attorney?
If you do not properly revoke your previous Agent’s POA, the wrong person may have the legal authority to act on your behalf in important financial and business decisions.
By taking the time to create a Revocation of POA, you can prevent the following suffering:
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The lost opportunity cost of…
- Designating a more trustworthy individual to handle your financial matters.
- Untangling the financial or legal mess caused by an untrustworthy Agent.
- Trying to pursue an Agent who has zeroed out your accounts.
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Expensive lawyer fees to…
- Dispute unauthorized transactions initiated by a previous Agent.
- Recover money inappropriately withdrawn from the Principal’s bank account.
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Mental anguish from…
- Experiencing a breach of trust by an Agent who abused their power.
- Losing control over the proper conduct of your business.
- Being scammed by a bad Agent, losing your home, or being embezzled of life savings.
Revocation of Power of Attorney Sample
Frequently Asked Questions
Can a POA Be Revoked or Changed?
YES, a principal can revoke or amend a POA as long as they are mentally competent. Revocation should be in writing, and all parties involved, including the agent and any institutions relying on the POA, should be notified.
Who Has The Authority to Revoke a Power of Attorney?
The authority to revoke a Power of Attorney (POA) typically lies with the person who granted it, known as the principal. The principal can revoke the POA at any time as long as they are mentally competent to make this decision. If the principal becomes incapacitated, the POA usually cannot be revoked unless the document itself or state law provides for its revocation under these circumstances.
Who Do I Need to Notify After I Create a Revocation of Power of Attorney?
After creating a Revocation of Power of Attorney, it’s important to notify several parties:
- The agent or attorney-in-fact who was granted powers in the original POA.
- Any institutions or organizations (like banks or healthcare providers) that were relying on the original POA.
- Any secondary agents if the POA had named a successor or alternate agents.
- A legal advisor or attorney if one was involved in the original POA’s creation.
What Is The Difference Between Revocation and Resignation?
Revocation of a POA occurs when the principal decides to withdraw the powers granted to the agent. This is a unilateral decision made by the principal. On the other hand, resignation refers to the agent’s decision to relinquish their role and responsibilities under the POA. The agent must notify the principal and possibly other relevant parties, depending on the terms of the POA or state laws.
How Do I Deliver the Notice of Revocation
The notice of revocation should be delivered in a manner that provides documented proof of receipt. This can include:
- Certified mail with a return receipt.
- Personal delivery with an acknowledgment of receipt.
- As per any specific requirements stated in the original POA document.
- In accordance with state laws, which may vary in terms of the formalities for delivering a revocation notice.