Use a power of attorney revocation form to revoke the original document, which will let you create a new power of attorney that you can revise any way you’d like and assign to another agent.
Aside from your relationship with the original agent deteriorating, you may also want to revise a power of attorney if you want to narrow or broaden the scope of powers it grants. For example, if your business transactions have become more numerous, you may need to authorize your agent to perform more of them without your presence, such as signing contracts or paying bills. You also might want to revise a healthcare power of attorney, for example, to prevent an extended stay on life support, to ensure that everything is done to keep you alive, or to avoid/perform other treatments. You may revoke the power of attorney at any time, as long as you are legally competent.
Revoking a Power of Attorney
To cancel your previous power of attorney agreement, obtain a power of attorney revocation form, complete it, and send it to your agent, any institutions where the agent has used the power of attorney (e.g., your bank), and any offices where you’ve filed copies of you old agreement. You usually do not need a notary public to sign the form, but it is recommended. Check with a local attorney to determine your jurisdiction’s requirements.
Simply writing and properly executing a new power of attorney form often is sufficient to cancel the old one, but officially revoking the old agreement in writing will decrease the chance of a dispute about the new one’s validity.
Common requirements for the revocation to be valid:
- Must be in writing
- Principal (person creating the power) must sign the document
- Notary public must sign
- Must notify the previous agent with a copy
- File in county clerk’s office in counties where you have property subject to previous power of attorney agreement
- Date and location
- Date previous power of attorney agreement was executed
- Name of previous agent, stating he or she no longer has power of attorney
Making sure clients, banks, and hospitals have a copy of your revocation is important, as it lets them know the previous agent cannot act on your behalf.