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Making a Revocation of Power of Attorney
Revoking your Power of Attorney (POA) is not difficult. You can change your POA at any time if you are competent and of sound mind. If your situation is supportive, you can even change your parent's POA, if needed.Use the Revocation of Power of Attorney document if:
There are many reasons that you may choose to change your Power of Attorney or revoke a current POA. It is simple to do using our Revocation of Power of Attorney Form. Once you have revoked a POA, make sure that all interested parties know that you have done so.Other names for Revocation of Power of Attorney:
POA Revocation, Durable Power of Attorney Revocation, Revocation of Power of Attorney Form
Changing your POA is simple. Like a Will, your most current version is the valid version. To revoke a previous version, you can use this form to revoke your current Power of Attorney and then make a new POA using our POA form. You will need a Notary Public to make the new POA valid. If you are ill or have been ill, you may benefit from having your physician compose a written statement saying that you understand the document and the consequences of signing the document.
In most cases, no. To be enforceable, you'll most likely need to make the change in writing since your last written Power of Attorney document will be the version the courts and other interested parties will most likely refer to.
If no one knows you changed your POA, it may not be enforced should you become incapacitated. When you change your Power of Attorney, all interested parties should be informed such as your lawyer, spouse, accountant and family. Once you have made your new POA, make sure your lawyer, spouse and a family member have a copy. Keep a copy for your records in a safe place such as in your safe or safe deposit box.
There are a few situations that may prompt you to want to have your parent's current POA changed. In some instances, it is simple to change their Power of Attorney and in other situations, it can be difficult and often time-consuming and expensive.
Here are a few scenarios listed from the simplest to the most difficult:
Parent is competent and willing. In this case, they simply need to revoke their current POA and or make a new Power of Attorney document and share it with interested parties such as lawyers and relevant siblings.
Parent is competent and unwilling. Maybe you think you know best and are trying get your parent to change their POA. This situation may prove difficult. In this situation, you'll likely want to encourage them to discuss the situation objectively with their attorney and accountant.
Parent is incompetent and current POA agent is willing. If the current Power of Attorney agent is agreeable, they can "sign-over" their rights and you can create a new Power of Attorney document. You may benefit from consulting with a lawyer to ensure that you handle the process correctly.
Parent is incompetent and current POA agent is unwilling. This is the most difficult of the scenarios and may require you to consult with a lawyer and other professionals to change the guardianship of your parent. It could be costly and require time in court and more to make the change happen, and it can be stressful on family relationships.
If you need other estate planning documents we provide simple-to-complete Wills, Durable Power of Attorney and Living Wills, see our essential estate planning documents.