Power of attorney documents do not officially expire until or unless you issue a revocation, so it is important to issue this legal statement in writing and send copies to any institution that might have a copy of your original power of attorney paperwork – your doctor, your bank, your attorney, etc. You do not need a reason to revoke power of attorney, because it is completely within your rights to do so.
How to Revoke Power of Attorney?
We offer a free document to fill out that is an official statement that revokes power of attorney. You should also get the original power of attorney paperwork back from your agent. If for any reason you are unable to retrieve this document, send the agent a certified letter stating that the power of attorney has been revoked. Your revocation and new power or attorney paperwork will still be valid regardless of whether or not you get the original, but it will be important for the agent to understand the change in their legal standing with you.
Some states require that you destroy all copies of the original power of attorney documents; others require the grantor to fill out revocation paperwork. In some states, you legally need a notary, while in others you do not. Having a notary and a witness present to understand your wishes is important regardless of your state’s laws, but you should research your state’s requirements for revoking a POA.
If you recorded your power of attorney with your local county record keeper’s office, be sure to send them a copy of your revoked power of attorney paperwork, and any new power of attorney paperwork you have completed.
When Is A Revoked Power of Attorney Invalid?
Like signing a power of attorney document, the principal or grantor must be of sound mind when the decision to revoke power of attorney is made. There should be at least one witness and a notary present to sign that the grantor is of sound mind, to ensure that no one pressures the grantor to make decisions against their will.
Any new statement that changes powers of attorney granted to the agent should automatically revoke the original documents, but to ensure that all businesses, institutions, family, and friends understand your legal choices, it is important to first revoke the original power of attorney documents.
If you become incapacitated before you revoke a durable or springing power of attorney, the paperwork goes into effect. However, if your family believes that the current POA documents are against your wishes, they may take the agent to court and have a judge revoke the POA. This is rare, however, because your POA has primary legal standing as your representative regardless of whether or not they are related to you.