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Free Revocation of Power of Attorney Template

You may revoke a general Power of Attorney at any time. And while you can tell your agent by word of mouth that you no longer need their services, drafting a written Revocation of Power of Attorney serves you better. It preserves and validates your wishes. You can attach it to a letter informing third parties of the change.

A Power of Attorney is a legal tool that allows you to appoint an agent to perform specific duties. If you decide to nullify it, you can take back the responsibilities or assign a new agent. The reasons for revoking a Power of Attorney vary and typically do not hold much significance. The most crucial factor is that you are mentally competent. If you are incapacitated in any way, you cannot revoke a POA.

A Revocation of Power of Attorney is a straightforward legal document you draft to express your wish. It must contain specific information to be valid. Let’s begin by understanding why you may need to annul a POA.

Reasons to Revoke a Power of Attorney

Most General Power of Attorneys can stay in effect until the author (principal) dies. However, if your circumstances change, you don’t have to live with a document that no longer serves your interests.

Some of the reasons you may want to revoke a POA include the following:

  • Your agent dies or becomes incapacitated.
  • Change of relationships, such as in divorce, may complicate matters if a former spouse remains an agent.
  • Agent release. Your agent may no longer want to continue in their role or are unavailable.
  • Fiduciary duty abuse: If an agent abuses their duty to act in a principal’s best interest, removing them would be the best option.
  • You can handle your affairs. You may have returned from an overseas trip or recovered from an illness that had prevented you from handling your affairs.

Drafting a Revocation of Power of Attorney should be straightforward if you are the principal.

What to Include in a Revocation of a Power of Attorney

A principal has several options when revoking a POA. If you have an existing Power of Attorney that you wish to nullify, you can do so by informing your attorney-in-fact to stop acting on your behalf. If they obey your wishes, they’ll stop representing you. You can also destroy the document and its copies; no one can decide on your behalf without a document to present to third parties. Creating a new POA to override the existing one may also work.

However, your local law may require a notarized revocation to implement your wishes. Whether it is a legal requirement or not, putting such vital decisions in writing protects you and provides proof of your intentions. Adapting our free template to your needs takes little time.

Ensure the document contains the following information:

  • Agent’s name: Identify your current attorney-in-fact by their full legal name.
  • Principal’s name: The revocation must name you as the principal who made the POA and is now withdrawing your agent’s powers.
  • POA revocation date: Indicate when the old POA becomes invalid.
  • POA original date: Mention the effective date of the original POA to avoid confusion.
  • A statement that you are of sound mind.
  • A statement that you wish to take away the agent’s powers.
  • Witness signatures.
  • Your signature.

Depending on your residence and whether the original POA was registered with a registrar of deeds, you may need to sign in the presence of a notary and register the revocation to revoke it.

Only a mentally competent individual can revoke a POA. If a principal becomes incapacitated during the POA’s lifetime, the revocation has to pass through the court. Family members can petition a court, citing reasons why the POA isn’t serving the principal’s interests. Examples are if the agent is abusive to an older adult or is mismanaging their assets.

Family members may also petition a court for revocation if they can prove that the principal was not in their right mind when they signed the POA.

What Should You Do When Your Revocation is Ready

When the revocation is ready, it’s time to inform the concerned parties. The first person you should tell is your outgoing agent. Next, you should inform third parties who have your old POA in their files. For example, if you had an agent managing your bank accounts and making transactions on your behalf, it’s best to call the bank to let them know your position has changed.

You may also write a revocation notice/letter. Mail the letter and a copy of the POA revocation to concerned parties. If you have created a new POA, notify them promptly and provide a copy to prevent delays in executing your wishes. Also, destroy all copies of the invalid Power of Attorney or attach the revocation notice.

Although a Power of Attorney is an excellent tool for delegating duties you cannot execute, there may come a time when you no longer need it. You may be more available to make your decisions, an agent may die, or you may wish to remove or transfer privileges. Whatever your reasons, a Revocation of Power of Attorney can streamline the process. By drafting the document, you make the change legal. You also get a document to share with institutions and individuals to inform them of your new decision.

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Document Sample

Revocation of Power of Attorney Template

Below you can see a sample of the Revocation of Power of Attorney template:

Template Revocation of Power of Attorney

Revocation of Power of Attorney FAQs

What is a Revocation of Power of Attorney?

A Revocation of Power of Attorney is a formal document used to cancel a previously granted power of attorney. It is typically written and requires specific information to be legally valid. This revocation ensures that your wishes to terminate the authority granted to your agent are documented and communicated effectively.

Who Needs to Know About the Revocation?

Inform your agent and the entities that act upon the POA.

Are There Alternatives to Revoking a POA?

Yes. If your only concern is to limit the extent of an agent's actions and not remove their privileges, you may amend the clauses as required to suit your needs. You may also appoint a co-agent to assist the current one if the issue is temporarily unavailability.

Can You Revoke all POAs?

General POAs are easy to revoke. However, invalidating some POAs may require the guidance of an attorney.

Why is a Revocation of a Power of Attorney Necessary?

A mentally competent principal has the perpetual right to destroy a POA. Family members who wish to do so on behalf of an incapacitated relative must go to court. An agent may voluntarily step down.

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