Free Revocation of Power of Attorney

Under Florida law, documents that grant or revoke powers with respect to Florida real estate must meet certain requirements in order to be valid. Specifically, the documents must be signed in the presence of two witnesses, and the signatures must be notarized. If you indicate that the Revocation of Power of Attorney revokes power with respect to Florida real estate, this program will automatically include the necessary signature and notary lines.

The state where the document is signed will determine which state's laws apply to the document. Different states have different requirements for Power of Attorney documents. This program provides the correct form for the state in which the document will be signed.

In addition, the requirements for the "acknowledgment," sometimes referred to as the "notary block," also vary. This program provides the proper notary block for the state in which the document will be signed. It is also important that the document be notarized in the same state in which it is to be used.

In some states, the name of the person who prepared the document must be indicated in the document as a requirement for recording the document in the public records. Most power of attorney, and their related revocation, documents are not recorded, but it may become necessary to record them if the Agent can handle real estate transactions for you. This program provides the option of including the name of the preparer.

When conditions change, it may become necessary to revoke (cancel) the powers granted in a Power of Attorney document. The Revocation of Power of Attorney is a document by which you revoke a Power of Attorney, whether general or special, that previously authorized another person (an "Agent" or "Attorney-in-Fact") to act on your behalf. A copy of this document MUST be presented to the Agent as evidence of your decision to revoke the Power of Attorney.

Previous Power of Attorney documents may also be revoked by signing a new Power of Attorney that contains a statement that prior Power of Attorney documents are revoked. Of course, notice of the revocation must still be given to the prior Agent. If prior Power of Attorney documents are revoked, special care should be exercised to make sure that any Power of Attorney document related to health care is not revoked inadvertently. This can be done by revoking a specific power of attorney rather than revoking "all" documents.

To revoke a Power of Attorney document is to cancel all the powers granted to the Agent under that document. This means that the Agent no longer has the authority to act on your behalf in the situations described in the Power of Attorney document. Providing a general description of the Powers granted in the document may help to identify the document. For example, in revoking a Special Power of Attorney, you may want to specify that it granted the Agent authority to "manage any business that I own, including the power to close and sell the business." Such a description, coupled with the Agent's name and date of the Power of Attorney being revoked, serves to clarify exactly which document you are referring to.

1. The Revocation of Power of Attorney (whether General or Special) must be signed by you AND it must be presented to the Agent, in order to provide evidence of your decision to revoke the Power of Attorney.

2. Because the Agent must be given a copy of the Revocation, it is recommended that the Revocation be mailed by certified mail to the Agent's last known address. Alternatively, a copy of the Revocation can be hand-delivered to the Agent, in which case, the Agent should sign a receipt acknowledging that the Agent received the Revocation. See this program's "General Receipt."

3. Eleven states-Arkansas, Connecticut, District of Columbia, Florida, Georgia, Michigan, Ohio, Oklahoma, Pennsylvania, South Carolina, and Vermont-require that the Revocation be signed in the presence of two witnesses. (The Revocation must also be signed in the presence of two witnesses if the Power of Attorney that is being revoked granted the power to handle Florida real estate transactions.) Arizona requires one witness. Furthermore, in some states, the name of the person who prepared the Power of Attorney document must be included in the document in order for it to be recorded. In all states, including the states that require witnesses, the signatures on the Revocation should be notarized.