How to Revoke a Power of Attorney for Free: The Complete Guide
All About the Power of Attorney Revoke
A power of attorney (POA) is a legal document that allows one person or entity to make decisions on behalf of another person. Sometimes a POA is forever, but it can often be canceled. The person who assigns the POA to someone is called the principal and the person to whom the POA is granted is called the agent (or sometimes the attorney-in-fact). Often the POA document includes a specific duration (like for 6 months), but many are written for an indefinite period of time, allowing it to continue indefinitely until the principal either cancels it or dies. A revocation (also called a rescission or cancellation) is the legal term for when the principal decides to cancel the POA . This can often be a difficult decision when it involves a spouse or parent. Depending on the situation, even if the principal is mentally competent, a power of attorney might be difficult to revoke. For example, if the principal is being declared mentally incompetent and is in behavior rehabilitation, they may not have enough time or mental capacity to revoke a power of attorney. Once a POA has been revoked, the agent no longer has authorization to act on behalf of the principal. However, they will typically have a grace period after the principal has revoked it in which their actions, prior to the revocation, will still be legally binding.
Revoke a Power of Attorney in 8 Steps
To terminate or revoke a power of attorney, the principal must perform an action that demonstrates the intent to do so. In most cases, a signed written revocation form is sufficient. Only the principal may terminate the authority given.
- . Locate the Revocation Form: Several websites offer free printable revocation forms that you may complete with your information. In addition, our office can provide you with a blank revocation form. The form must include your name, the agent’s (your power of attorney) name, and a statement notifying the agent of the termination.
- . Conspicuous Notice to Third Parties: Once the form is completed, it is recommended that a conspicuous notice be placed within the document that is operated or controlled by the power of attorney. The notice must refer to the cancellation or termination of the power of attorney. This can include but is not limited to bank accounts, real property, or any other item that was previously managed by the agent. Once third parties are notified, they now know that the agent is no longer able to act on behalf of the principal.
- . Provide a Copy to the Agent: After the revocation has been completed, the form should be provided to the agent. Along with providing the form, a letter should be mailed to your agent indicating when the agent received the notice and if the document provided was a valid power of attorney. The letter should not be sent by email. At a minimum, the letter should indicate the person who obtained the document and the date in which they received the notice.
- . Notify Others: The original copy of the signed revocation should be kept in a safe place. You may also provide a copy to any individual or institution affected by the revocation of the power of attorney. In addition, the revocation can be recorded with the county recorder’s office in the county where real property owned by the principal is located.
Free Revoke a Power of Attorney Form
To obtain a free Revoke Power of Attorney form, start by visiting reputable legal aid websites that provide free downloadable forms. Many of these resources are provided by bar associations or non-profit organizations dedicated to public service. A popular option is the website of the American Bar Association, which has a form repository and links to state bar associations that may provide free documents.
In addition, state-specific legal aid websites may offer a Revoke Power of Attorney form that comes with instructions on how to fill it out. These can be particularly useful if your state has specific requirements or language for revocation that you must comply with.
You may also check with the local probate or clerk of court’s office to see if they have a Revoke Power of Attorney form you can fill out and provide them. They will often provide instructions on the necessary steps that need to be taken in addition to completing the form, such as whether an affidavit is required.
Finally, www.lawdepot.com provides a variety of both legal and informational documents that can be downloaded for free, however some may require a small fee to generate.
Complete the Revoke Form
Once you have identified the POA form that your state or county uses to revoke a power of attorney, it is time to fill it out. The forms will be located on the website of your county or state, and it generally will be pretty obvious which form is the right one. When I write "fill it out," I mean "fill out as much as you can." If you do not know certain information or it does not apply to you, that is ok, just fill in what you do know.
Most of the time the form begins by asking for the original document that faces a revocation. You don’t need to list the document that is getting revoked here since the revocation will be attached right underneath the POA form that is getting used. So if you received a power of attorney from the company MergerLaws INC, do not list it, just write "N/A."
Then the form will typically ask for identification information. In this section, it will usually ask for the name and address of the principal (you), and the name and address of the agent. Then it will have a witness signature line for someone to print their name and sign it. Get someone who was a witness when the original document is signed to sign for this form. Typically, a witness must be a disinterested third party and must be of a certain age.
Finally, there should be space at the bottom of the form for additional signatures. Just like having one signature is good, two signatures is better. Have two witnesses sign the revocation form to make sure it has the maximum possible validity when a third party reads it.
In some states, you can use a notary public, an individual licensed by the government to verify a person’s identity, in lieu of a witness signature. This means that the fact that you signed the revocation form can be verified, and the people relying on it can be assured that all those signatures are authentic.
Notify Interested Parties
You or your loved one will need to notify the relevant parties of a revocation of a Power of Attorney. This includes every institution with which your Power of Attorney agent had dealings, but also, and especially, the original agent. You will likely have to prepare a new document announcing the power of attorney revocation on the same letter or document as the new power of attorney document. Some institutions may have their own document they require for this purpose , so you may want to contact these organizations individually to ensure you have the correct version. The revocation document should contain the names of the parties involved, including you and the agent, a statement that this document is a Notice of Revocation of Power of Attorney, a list of all POA documents you want revoked, the current date, and your signature.
Important Legal Considerations and When to Hire a Lawyer
There are times when securing the help of a legal professional is in your best interests when attempting to revoke a power of attorney. While revocation might seem like a simple process that anyone can handle, there are some considerations that may require the assistance of an experienced lawyer, such as:
• The identity or whereabouts of the principal family member is in question. If there is any doubt about whether the correct person is trying to revoke the power of attorney, a lawyer can shed light on the situation.
• The principal family member has passed away. If the individual holding the power of attorney has suffered a recent loss of this kind, the family may want to seek the help of an estate planning lawyer regarding the disposition of the principal’s finances.
• There is a disagreement among family members as to whether to proceed with the revocation. Objecting family members can be difficult to deal with during this already challenging time. An experienced lawyer will be able to mediate and effectively communicate in order to achieve a resolution that all parties can agree upon.
• A family member is planning a move out of state. Having to secure the guidance of a lawyer when dealing with an out-of-state legal situation can seem expensive or cumbersome, but it often makes the most sense, especially if the matter involves assets located in that state.
Some steps that need to be taken during the revocation process might be more complex than others. In order to fully protect the principal’s assets, it’s important to seek legal advice as soon as you realize the individual with the previous power of attorney is no longer suitable for such important responsibilities.
Frequently Asked Questions About Revoke from Power of Attorney
We get a lot of questions from people who are concerned about exercising their right to revoke power of attorney. Sometimes this concern is based on misinformation given to the person, and sometimes it is based upon a real problem in their lives that we can help them with. Below are answers to some of the main questions we have received about revoking power of attorney:
Will my revocation of power of attorney be legally binding?
Your revocation of a power of attorney will legally enforce your right to manage your own affairs, as long as you follow the proper procedure to terminate the power of attorney.
I revoked my power of attorney yesterday, but I saw my attorney today anyways. Will she be able to handle my matters like she used to?
The revocation of your power of attorney legally removes the rights of the attorney-in-fact. Your former attorney will no longer be able to act in your interests unless you have otherwise consented to it in another way .
What if the former attorney still maintains a personal relationship with me? Can I trust them to not use their former access to my accounts to benefit themselves?
No, all prior rights as an attorney-in-fact are gone as soon as you sign and submit your revocation of power of attorney. A breach of that agreement might result in the loss of that former attorney’s ability to practice law or financial management. If you suspect that your former power of attorney will misuse their old access to your accounts, consult with a lawyer to settle any concerns you may have.
Do I need a lawyer to revoke power of attorney?
You do not necessarily need a lawyer to revoke power of attorney, but there are many cases where it can be helpful to have an attorney on your side to help avoid the problems that often arise in these circumstances – such as lost copies, failure to update information, and formerly granted legal access that is still being utilized.