Free Health Care Power of Attorney - Revocation

It is possible to revoke a Health Care Power of Attorney after it has been made by executing a new document or by using the Revocation of Health Care Power of Attorney document provided by this program.

Many states specify that an advance directive may be revoked at any time and in any manner. However, the best method is to provide a written, signed and dated revocation to the Agent and the appropriate health care providers.

Although other documents require a witness or notary, legal principles encourage the recognition of a revocation without the necessity of such formalities.

Note: In many states, the revocation document may be considered ineffective until your agent and/or physician have been notified of the revocation.

1. Although a Health Care Power of Attorney may be effectively revoked under a variety of methods, it is recommended that this formal, written revocation be used. The Revocation of Health Care Power of Attorney ("Revocation") should be signed and dated by the person making the revocation. If the Revocation is being executed by a resident of Wyoming, at least one disinterested person must witness the Revocation. If the Revocation is being executed by a resident of Kansas, it must generally be signed by two adult witnesses or notarized. In other states, even though witnesses may not be technically required, the use of a witness formalizes the document and provides added assurance that the Revocation will be recognized.

2. The Revocation is not enforceable or effective until the Principal's attending physician has been notified of the revocation. Therefore, a copy of the Revocation must be provided to the Principal's attending physician or to someone who will deliver it to the Principal's health care provider.

3. Because the attending physician or health care provider must receive notice of the Revocation, it is recommended that the Revocation be mailed by certified mail to the provider's last known address. Alternatively, a copy of the Revocation may be hand-delivered to the provider, in which case the provider should sign the document acknowledging receipt of the Revocation. If the Principal is a patient in a health care institution, a copy of the Revocation should be placed in the Principal's medical chart.

4. The Revocation will no longer be valid or relevant if another Health Care Power of Attorney is executed, dated subsequent to the date of the Revocation. This is because the new Power of Attorney automatically supersedes any prior Powers of Attorney and, also, in turn, supersedes any revocations of those prior Powers of Attorney.

Although a Health Care Power of Attorney may be effectively revoked under a variety of methods, it is recommended that this formal, written revocation be used. The Revocation of Health Care Power of Attorney ("Revocation") should be signed and dated by the person making the revocation.

If the Revocation is being signed by a resident of Wyoming, at least one disinterested person must witness the Revocation. If the Revocation is being executed by a resident of Kansas, it must generally be signed by two adult witnesses or notarized. In other states, even though witnesses may not be technically required, the use of a witness formalizes the document and provides added assurance that the Revocation will be recognized.