Using a Power of Attorney (POA) to allow another person to act on your behalf can be useful, in case of illness, or when you are being out of the country. In such cases, an agent is appointed to sign legal or financial documents on the principal's behalf. However, if you regret this action and want to revoke the POA, you can use the Revocation of Power of Attorney.
What is a Revocation of Power of Attorney?
A Revocation of Power of Attorney (POA) essentially enables a person who previously created a POA to cancel exactly that POA. This means the person (the principal) gives another person: attorney-in-fact or also often called the agent, the POA to act on that’s person’s behalf regarding any matters specified in the document. The Revocation of Power of Attorney is the right instrument to make such a rescission. Even though the Principal initially chose an Agent and therefore created the POA, the Principal can still rescind that POA later as long as the principal is mentally capable at that time to make such a decision.
A Revocation of POA should include the following details:
- Principal’s name;
- Agent’s name;
- Details for proving identify the original POA (effective date, document number);
- Mentions the previous grant of power to the agent is revoked.
The Revocation of Power of Attorney should be signed by the principal and acknowledged by witnesses and/or a notary public. The document should also be dated so that it is clear when the revocation takes effect. In addition, if the original Power of Attorney was filed and recorded with a County Clerk or Recorder then the Revocation of Power of Attorney should be filed and recorded with the same County Clerk or Recorder so that there is no question the original Power of Attorney has been revoked. If you previously granted authority to another person to act on your behalf under a Power of Attorney and you now want to make a change to that arrangement, you should create a Revocation of Power of Attorney. This Power of Attorney Revocation or a Durable Power of Attorney Revocation, will help you revoke the POA.
When to revoke a POA?
If you already elected somebody to act as your agent under a Power of Attorney and you would now like to terminate the power granted, you should use a Revocation of Power of Attorney document. Once the principal signs the Revocation of Power of Attorney, the original Power of Attorney is revoked and is no longer valid. The previously named agent will no longer have any authority to act on your behalf or to make any decisions on your behalf. This revocation document can be used if you want to change and designate a different agent than the one previously named or if you decide that you no longer need a power of attorney and want to remove the grant of power altogether. For example, you may have designated your spouse as agent under a Power of Attorney but have since divorced and now you want to appoint a different family member as agent. You will first create a Revocation of Power of Attorney to cancel the designation of your ex-spouse as agent and then create a new Power of Attorney naming your family member.
Download this Revocation of POA template for your reference.
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