How to Revoke a Power of Attorney

A Power of Attorney (POA) is a legal document that grants someone the authority to act on your behalf in various matters, including financial or medical decisions. However, circumstances may change, and you might find it necessary to revoke this authority. Whether due to a change in trust, personal circumstances, or other reasons, revoking a Power of Attorney is a straightforward but important process.

At Southern Estate Lawyers, we guide clients through every step of the estate planning process, including the critical task of revoking a POA when necessary.

Understand the Reasons for Revocation

Before revoking a Power of Attorney, it’s crucial to clearly understand the reasons for doing so. Common reasons include:

• Change in Trust: If you no longer trust the person (agent) you appointed.
• Change in Circumstances: Life changes such as marriage, divorce, or relocation might require a different agent.
• Completion of Purpose: The specific task for which the POA was granted has been completed.
• Voluntary Decision: You simply no longer wish to have a POA in place.

Steps to Revoke a Power of Attorney

Revoking a Power of Attorney is a straightforward process, but it must be done correctly to ensure that the revocation is legally effective. Here’s how to do it:

Create a Revocation Document

The first step is to create a written document stating that you are revoking the Power of Attorney. This document should include:

• Your full name and the date.
• A clear statement that you are revoking the Power of Attorney.
• The name of the agent who was granted the POA.
• The date the original POA was executed.

This document should be signed and dated by you. Depending on your state’s requirements, it may also need to be notarized.

Execute a New Power of Attorney (if needed)

If you still need someone to act on your behalf but want to appoint a different agent, you should execute a new Power of Attorney. This new POA should explicitly state that it revokes all prior POAs. In this document, you will need to:

• Choose a new agent: Select a person you trust to act on your behalf.
• Specify their powers: Clearly define what authority the new agent will have.

Ensure that your new POA document complies with relevant state laws, such as the Alabama Uniform Power of Attorney Act if you reside in Alabama.

Sign and Notarize

The revocation document must be signed by you and should be notarized to add legal weight. A notary public will verify your identity and your understanding of the document you’re signing. Although not all states require additional witness signatures, having a witness can provide extra protection, especially in case of disputes.

Notify the Agent

Once the revocation document is complete, you must notify the agent in writing that their authority has been revoked. This can be done by providing them with a copy of the revocation document. It’s advisable to send this notice via certified mail to ensure that you have proof of delivery.

Notify Third Parties

If the agent has been acting on your behalf with third parties (such as banks, healthcare providers, or government agencies), you need to notify these entities of the revocation. Provide them with a copy of the revocation document and request that they update their records to reflect the change.

Record the Revocation

If your original POA was recorded with a government office, such as your local County Probate Office (in cases involving real estate or other recorded matters), you should also record the revocation there. This ensures the revocation is on public record, preventing the original POA from being mistakenly relied upon.

Keep the Revocation Document Safe

Finally, keep a copy of the revocation document in a safe place. This provides you with proof that you properly revoked the POA, which can be invaluable if any disputes arise later on.

Special Considerations

While revoking a Power of Attorney is generally straightforward, there are a few special considerations to keep in mind:

• Incapacity of the Principal: If you, as the principal, are no longer mentally competent, you may not be able to revoke the POA yourself. In such cases, a court may need to intervene.
• Durable Power of Attorney: If the POA is durable, it remains in effect even if you become incapacitated. However, the revocation process is the same as with any other POA, provided you are still competent when revoking it.

Another item to keep in mind while revoking a POA is the costs.  Typically, the costs associated with revoking a POA are minimal. However, the costs can add up.

Some of the costs associated with revoking a POA are:

• Notary Fees:Most states require the revocation document to be notarized to make it legally binding. Notary fees are generally modest, depending on your location and whether you use a mobile notary.
• Legal Fees:While an individual can revoke a POA by themself, it is always advisable to seek legal guidance. This is especially true when complex issues are involved. If you choose to consult or hire an attorney to help you draft a revocation document or create a new POA, you may incur legal fees. The cost can vary widely depending on the attorney’s hourly rate, the complexity of your situation, and your location.
• Recording Fees:If your original POA was recorded with a government office (such as the County Recorder’s Office or Probate Office), you may need to pay a fee to record the revocation document. Recording fees are typically modest, but can be higher depending on the jurisdiction.

How Long It Takes to Revoke a Power of Attorney

The time it takes to revoke a Power of Attorney (POA) can vary depending on several factors, including the method of revocation, the need for notarization, and how quickly you notify all relevant parties.

Drafting a revocation document can be a quick process. If you’re working with an attorney, the drafting process may take a day or two, depending on their availability and the complexity of your situation. Once the revocation document is prepared, it needs to be signed and notarized. This can usually be done on the same day, especially if you have easy access to a notary public. Mobile notaries can expedite this process by coming to your location.

After the document is notarized, you must notify your former agent and any third parties who may have been relying on the original POA. If you send these notifications via certified mail, it may take a few days for delivery. This step is crucial to ensure that the revocation is legally effective.

If your original POA was recorded with a government office, you may need to file the revocation document with the same office. The processing time can vary depending on the office’s workload, but it typically takes a few days.

In most cases, the entire process of revoking a POA can be completed within 3 to 10 days. However, this can be expedited, if necessary, particularly if you’re working with a legal professional who can handle the process efficiently.

Can You Revoke the Power of Attorney if You Do Not Have the Original Document?

Revoking a Power of Attorney (POA) without the original document is possible, though it may require extra steps to ensure that the revocation is legally effective.

You can revoke a POA by creating a new revocation document even if you don’t have the original POA in your possession. The new document should clearly state your intention to revoke the existing POA and include all relevant details, such as the date the original POA was executed and the name of the agent. To ensure there is no confusion, the revocation document should include explicit language that revokes all previous Powers of Attorney. This helps to avoid any ambiguity, especially if the original document cannot be referenced.

While having the original POA document can simplify the revocation process, it is not strictly necessary. By taking the proper steps to draft a clear revocation document and notifying all relevant parties, you can effectively revoke the POA without the original document. However, if you encounter any complications or uncertainties, consulting with an attorney may be wise, to ensure the revocation is legally binding.

Contact Southern Estate Lawyers Today

Whether you need to revoke an existing POA, create a new one, or address any other estate planning concerns, Southern Estate Lawyers is here to provide experienced legal guidance tailored to your unique needs. Contact us today at (704) 377-3770 to learn more about how we can assist you in securing your future and protecting your legacy.