A California power of attorney revocation is a legal document that enables a principal to cancel the authority previously granted to an agent. This revocation ensures that the agent no longer has the legal power to make decisions or act on behalf of the principal.
Following the completion and notarization of the form, ensure all relevant parties are notified of the revocation. This includes delivering copies to the agent and any third parties who may have previously relied on the original POA, such as banks or financial institutions. Thus, the principal helps guarantee that future actions are taken in accordance with their current wishes.
Legal Considerations
Statute – California Probate Code, Division 4.5. Powers of Attorney (§ 4000 – § 4545).
Definitions – § 4151.
Signing Requirements – § 4121 – Notary public or at least two witnesses.
Revocation and Termination
Here are the common methods for POA revocation:
- Drafting a simple statement expressing your intent to revoke the POA.
- Physically shredding or destroying the original document.
While state law recognizes verbal revocation, it’s a less reliable method. Written documentation is always preferable to avoid potential disputes.
The agent’s authority can also end for other reasons:
- Upon the principal’s death, except for any specific, statutorily authorized powers that may be exercised post-mortem.
- If the agent becomes unable to fulfill their duties (death, incapacity, or resignation).
A POA can be revoked by the principal at any time, as long as they are mentally competent.
Fees
- Recording: Fees generally range from $14 to $26 for the first page and $3 for each additional page. If the original POA was recorded with a County Recorder’s Office, you can also record your revocation document there.
- Notary: Fees typically range from $10 to $15 per signature.
Resources
- Department of Aging – Legal Services – Resources and guidance for seniors regarding power of attorney revocation.
- Superior Court of CA Orange County – Power of attorney information.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Notary public or at least two witnesses.
Minor (Child) Power of Attorney
Signing Requirements: Notary public or two witnesses.
Medical Power of Attorney
Signing Requirements: Notary public or at least two witnesses.
Revocation of State Tax Power of Attorney (Form FTB 3520-RVK)
Signing Requirements: Taxpayer.
