A Vermont power of attorney revocation facilitates the formal cancellation of a proceeding POA agreement. This document lets the principal withdraw previously granted authority, ensuring they can make adjustments as necessary or have sole control over their affairs.
Even if the original POA contains a nondurability clause or an expiration date, the revocation form can terminate it early. Completing the paperwork aligns with the original submission, requiring proper endorsement and documentation. Distributing copies to the former agents ensures the true end of the agent’s powers, as they might still act if they’re unaware the principal is removing their authority.
Legal Considerations
Statute – Uniform Power of Attorney Act (Title 14, Chapter 127).
Definitions – 14 V.S.A. § 4002.
Signing Requirements – Notary public is recommended, although notarization is not required under state law.
Revocation and Termination
Termination
A power of attorney terminates when any of these circumstances occur (§ 4010):
- The agent resigns.
- The agent or the principal dies.
- The agent becomes unwilling or unable to act.
- The principal retracts the agent’s authority.
- The POA reaches maturity or achieves its established purpose.
- The principal revokes the document.
The agent’s authority is terminated when any of these situations happen:
- The POA terminates for any of the reasons above.
- The agent becomes unavailable or incapacitated.
- The agent dies.
- The principal revokes the authority.
- A petition for separation, annulment, or divorce is filed with respect to the agent’s marriage to the principal. A decree of nullity also produces a similar result.
Revocation
If you execute a new power of attorney, it doesn’t automatically revoke the original document unless the subsequent POA provides that the previous form is revoked. The principal must inform the agent that they no longer have authority for their revocation to hold up. Furthermore, the principal can’t rescind a POA if a medical professional has classified the principal as incapacitated.
If you’re using the statutory power of attorney form, you can initial the form’s introductory paragraph under “DESIGNATION OF AGENT” to indicate that you’re revoking all previous authority granted (14 V.S.A. § 4051).
Fees
- Notary: Vermont does not set a statutory maximum amount for notarization, but most notaries will charge between $5 and $25 per document.
- Recording: It depends on the district you filed the original POA in, but you may pay between $10 and $25 to file the revocation.
Resources
- Vermont Bar Association Lawyer Referral Service – Connects individuals to lawyers for a low fee.
- Community Legal Information Center – Provides legal research databases and self-help books to assist individuals with their legal matters.
- Legal Services Vermont – Makes legal advice and information available by email, mail, and phone.
Related Forms
