How do I revoke a power of attorney?

In order to cancel a power of attorney, the person who executed it, also known as the "principal," can issue a different document revoking it. This document, called a revocation of power of attorney, will identify and revoke the existing power of attorney once executed. Once this process has been completed, a copy of the revocation should be sent to any organization that knew about or acted upon the revoked power of attorney document.

Does a revocation of a power of attorney need to be justified?

No. There is no legal requirement to justify the revocation of a power of attorney. As a result, a power of attorney may be revoked for any reason and, under most circumstances, at any time. However, it is recommended to inform the agent of the revoked power of attorney about the document's revocation.

When should a power of attorney be revoked?

Although you do not need to explain why you are revoking a power of attorney, some of the most common reasons for doing this include the following: The power of attorney is no longer needed The agent named in your power of attorney is no longer available You have changed your mind and no longer want a power of attorney You want to replace your agent with someone you trust more

How do I let an agent know that their powers have been revoked?

There is no legally determined way to inform an agent that their powers have been revoked. As long as it is done in writing, the notice should be deemed valid. That said, the most widely used method to notify an agent of a power of attorney's revocation is through registered mail. The main benefit of using this method is that the sender will receive proof of the notification's delivery to the agent.

Can I revoke an irrevocable power of attorney?

As its name implies, an irrevocable power of attorney's purpose is to impede revocation by either the principal or the agent. For this reason, an irrevocable power of attorney can only be cancelled under certain exceptional circumstances. One example of this is when the agent is not acting in the principal's best interest. However, a court still needs to intervene in order to void the agreement.

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What is a revocation of power of attorney?

A revocation of power of attorney (POA) is a legal document that cancels and terminates the powers and authority granted in a previously established power of attorney . This document allows the principal (the person who originally granted the powers) to officially withdraw the legal authority given to their attorney-in-fact (also known as an agent or donor).

Create the power of attorney document that is right for you

Durable Power of Attorneydocument preview

Durable Power of Attorney A durable POA will stay in effect even if the principal becomes incapacitated. These typically grant plenary decision-making for the attorney-in-fact over the principal's affairs, but may be limited depending on the language or purpose set forth in the document.

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Healthcare Power of Attorneydocument preview

Healthcare Power of Attorney This power of attorney is used to designate an agent or healthcare proxy to make medical decisions on the principal's behalf if the principal becomes incapacitated or unable to communicate their wishes.

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When to use a revocation of power of attorney

A revocation of power of attorney is used to rescind or revoke and terminate the powers and responsibilities previously granted by a power of attorney document. There are several situations which would necessitate the use of a revocation:

Relationship changes: If your relationship with the appointed agent has deteriorated or you no longer trust them to act in your best interests, it is time to revoke the power of attorney (POA).
Death or incapacity of the agent: If your appointed agent has passed away or become incapacitated, you will need to revoke the existing POA and appoint a new agent.
Agent's unavailability: If your agent is no longer available or willing to serve in this role, you should revoke the POA and designate a successor agent.
Recovery from illness: If you have recovered from an illness or accident and no longer require decision-making support, you may choose to revoke the POA.
Agent's mismanagement or abuse: If you suspect your agent is misusing their authority, failing to act in your best interests, or abusing their power, it is crucial to revoke the POA immediately. In extreme cases of abuse, it may also be necessary to contact adult protective services.
Changed circumstances: If your situation has changed significantly since the POA was created, and it no longer suits your needs, then you should consider revoking it.
Desire to change the scope of authority: If you wish to modify the powers granted to your agent, then you may need to revoke the current POA and create a new one with updated terms.
Loss of trust: If you have lost confidence in your agent's ability to make decisions on your behalf, then revoking the POA is an appropriate choice.

As long as you have mental capacity, you have the right to revoke a power of attorney at any time without providing a reason.

How to create your revocation of power of attorney

Select the POA type to revoke

Our form allows you to revoke a durable or general power of attorney. A durable power of attorney gives someone the authority to act on your behalf if you can no longer speak for yourself. On the other hand, a general power of attorney is typically granted to give an agent the authority to make financial decisions or other additional specific powers over the principal's affairs.
Fill out the revocation form

Our dynamic form allows you to add all required details. By using our form, you will have the option to revoke one specific power of attorney, any powers of attorney naming a specific agent, or all power of attorney documents currently in effect.
Execute your agreement

Once the document has been completed, you should sign and have your document notarized. Some states will also require witnesses to witness and verify your signature.
Distribute copies

Once your revocation of power of attorney is complete, copies should be made and distributed to all parties, including the principal, agent, and any third parties that may involve the principal's affairs as they pertain to the scope of the power of attorney so that they know the agent's power has been terminated.

Why create a revocation of power of attorney?

Due to the nature of the powers associated with a power of attorney, revoking your power of attorney is important when you no longer need your agent's services or trust that they will act in your best interests for several key reasons:

Protecting your interests: Revoking a POA ensures that an agent who is no longer trusted or capable cannot continue to act on your behalf, safeguarding your financial and personal affairs.
Updating your legal arrangements: As circumstances change, revoking a POA allows you to appoint a new agent who better aligns with your current needs and situation.
Maintaining control: Revocation restores your exclusive control over your affairs, allowing you to make decisions independently or choose a new representative.
Preventing misuse: If there is suspicion of financial mismanagement or abuse of authority, revoking the POA immediately protects you from further potential harm.
Adapting to life changes: Major life events like marriage, divorce, or relocation may necessitate revoking an existing POA to reflect your new circumstances.
Ensuring legal clarity: Properly revoking a POA provides clear documentation of your intentions, reducing the likelihood of disputes or confusion about who has authority to act on your behalf.
Complying with legal requirements: Following the correct revocation process ensures that the action is legally valid and recognized by relevant institutions and third parties.

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Revocation of Power of Attorney Guide

Type of power of attorney

LegalNature's written revocation of power of attorney allows you to revoke two different types of powers of attorney (durable or general POA) depending on your needs. A durable power of attorney is a power of attorney that gives your attorney-in-fact (also called your agent, proxy, or surrogate) the authority to act on your behalf after you become incapacitated and can no longer speak for yourself. A general power of attorney, also known as an ordinary power of attorney, is a power of attorney that ends when you become incapacitated. A general power of attorney is typically granted for a specific purpose or event.

Describe the power of attorney you want to revoke

Our dynamic form allows you to add all the details required for a legally compliant revocation. Choose whether you want to revoke one specific power of attorney, any powers of attorney naming a specific agent, or all power of attorney documents currently in effect. These options allow you to limit the effect of the revocation to one particular power of attorney or all those that are active at the time. Also, you will be able to revoke any power of attorney that names a particular person as an agent. This option is very useful when you no longer want a person to act as an agent on your behalf. This means that only those powers of attorney naming that specific person as an agent will be affected.

Executing and distributing your revocation

Once the document has been completed, it should be signed and notarized. Some states require that the revocation have at least two witnesses to the principal's signature on a revocation. Once you have a completed, signed, and notarized document, a copy should be provided to all attorneys-in-fact whose powers are being revoked. You should then provide copies to any relevant parties, financial institutions, healthcare providers, or organizations that knew about or acted upon the power of attorney document so that they know the agent no longer has any authority to act on behalf of the principal and that the old power of attorney is no longer valid.

Note that you do not need to provide a reason to your former attorney-in-fact or any organization as to why you are revoking the power of attorney.

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Revocation of Power of Attorney