Loune-Djenia Askew, Esq.
Jul 26, 2024
Revoking a Power of Attorney (POA) is a straightforward process. Here’s how to do it:
Can a POA Be Revoked?
Yes, a POA can be revoked at any time by the principal, as long as they are mentally competent. If the principal becomes incapacitated, they cannot revoke the POA unless they regain mental competence.
Steps to Revoke a Power of Attorney
Writing a Revocation Statement
The first step in revoking a POA is to create a written statement indicating that the POA is revoked. This document should include:
The principal's name and the date.
A clear statement that the POA is revoked.
The name of the agent whose authority is being revoked.
The principal’s signature
It’s advisable to have the revocation statement notarized to add an extra layer of authenticity.
Notifying the Agent
Once the revocation statement is prepared, the principal should inform the agent in writing that their authority has been revoked. This notification should be clear and direct. Sending the notice via certified mail can provide proof that the agent has received the revocation.
Informing Relevant Institutions
Any institutions or individuals who rely on the POA, such as banks, healthcare providers, and financial institutions, must be notified of the revocation. Provide these entities with a copy of the revocation statement so that they no longer recognize the authority of the former agent.
Keeping Records
Keep a record of the revocation notice and all communications related to the revocation. This documentation can be essential if any disputes arise about the agent’s authority after the revocation. Keep copies of:
The revocation statement.
Letters or emails sent to the agent and relevant institutions.
Proof of delivery, such as certified mail receipts.
Importance of Legal Advice
While revoking a POA is a process that you can do on your own, consulting with an estate planning attorney can make sure that all steps are correctly followed and that the revocation is legally binding. An attorney can also assist in drafting a new POA if you need to appoint a different agent.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.