A Texas power of attorney revocation is a legal instrument a principal uses to invalidate a previously executed POA document. This written cancellation empowers the principal to terminate delegated authority at any time, regardless of the POA’s termination date or whether the agent completed their assigned duties.
The revocation form should list the names of all involved parties, including the principal, agent, and any successor agents. When the principal distributes copies to the agent(s), the principal can safeguard against any unintended liabilities originating from the previous agreement.
Legal Considerations
Statute – Durable Powers of Attorney (Title 2, Chapter 751).
Signing Requirements – Notary public is recommended but not required by state law.
Revocation and Termination
According to § 751.131, the power of attorney document terminates when:
- The agent’s authority terminates (see below).
- The principal dies.
- The principal revokes the form.
- The document provides that it terminates.
- A permanent guardian of the principal’s estate qualifies to serve (instead of an agent) as provided by § 751.133.
According to § 751.132, the agent’s authority terminates when:
- The power of attorney terminates (see above).
- The agent resigns or no longer qualifies.
- The agent becomes incapacitated or dies.
- The agent’s marriage to the principal is found to be void or ends in divorce or annulment.
Step to Revoke
The principal may decide to revoke an agent’s powers because they want to appoint someone new or no longer want anyone to have the authority to make financial decisions for them. These steps let a principal revoke a POA:
- Complete a revocation form.
- Sign the form before a notary.
- Deliver it to your agent.
- Administer copies to every office that may have it, including the register of deeds and any financial institutions where you stored the original document.
Alternatively, you may create a new POA and clarify that you’re terminating all previous forms, rendering former agents’ authority ineffective.
Fees
- Notary: It depends on the notary you go to, but you may pay notary fees between $1 and $10, which is the maximum allowed by state law.
- Recording: If you filed your original POA document with your local county clerk’s office, you may have to file the revocation document as well. This service may cost $20 to $50.
Resources
- Texas RioGrande Legal Aid – Provides legal services to individuals earning low incomes in 68 counties.
- Lone Star Legal Aid – Another organization providing legal representation to low-income individuals and families.
- Texas Access to Justice Commission – Offers civil legal services to ensure people who qualify for assistance get the help they need.