A Power of Attorney Revocation Form is a written document that declares that a principal has refused their agent to represent their interests in a legal proceeding. It usually contains the written declaration that the principal has refused the agent to act on their behalf, the date, and the principal’s signature.
A Power of Attorney is a legal document that allows a principal to appoint a trusted individual as an agent who will step in and take over their responsibilities if they are rendered incapable of doing so.
The principal has the power to appoint or choose the agent that will best suit their interests for this purpose.
Revocation of the power of attorney form is important because it may significantly change the outcome of a principal’s interest in a legal proceeding. If an agent is not representing the legal interests of their principal, they sway the case against them.
Possible Reasons to Revoke a Power of Attorney
The principal can revoke a power of attorney at any time because of any reason valid to them. There are no precise reasons deemed necessary to revoke a power of attorney. The principal, however, is expected by law to be in the right state of mind in the revocation process; otherwise, the family members may have to step in and complete the revocation of the power of attorney. There are numerous reasons why the principal may revoke a power of attorney. Some of these reasons include:
- If the principal dies or the probate court determines a conservator for the principal, then the power of attorney is revoked automatically.
- Another reason a power of attorney can be revoked is when the agent requests to relinquish their power and no longer wants to have the power of attorney.
- It can also be revoked if the principal is convinced that the agent is incompetent and decides to appoint a new attorney to represent them
- When one is widowed or divorced, they may need to revoke the power of attorney as they may not need the representation.
- Military personnel, who has returned from their overseas deployment, may also revoke a power of attorney. Also, if a principal returns from their travels, they may take over their affairs and hence revoke the power of attorney.
- A principal can also revoke an attorney’s privileges if they feel like the agent is no longer representing them in good faith or they are having a bad experience with their service.
- If one is no longer relocating overseas and can manage their affairs, they may not need agent representation hence validating the revocation of the power of attorney.
- Lastly, a power of attorney is revoked when the purpose for having an agent representation is fulfilled, and their services would no longer be required.
How to Revoke Power of Attorney
Various critical steps are followed when revoking the power of attorney as discussed below:
Write the form
The principal should begin the revocation process of the power of attorney by first writing the actual power of attorney revocation form. The message of revocation is contained in this form, along with the date and signature of the principal.
Witness, notarize and sign
After writing the power of attorney revocation form, one should proceed to take the form for signing and notarization. A notary public will oversee its signing in the presence of a witness. It is essential that the notary public stamps the document.
Send a copy to the agent, third parties, and other agencies
The principal must send the agent, third parties, and agencies the document that informs them about their revocation of the power of attorney. For example, if someone sent their bank the document of power of attorney they should also inform the bank that they have terminated or revoked the power of the attorney by sending the bank a copy of the revocation document.
Request back all POA copies from the former agent
The principal has the right to request back all the power of attorney documents issued to the former agent.
What to Include in a Power of Attorney Revocation Form
There are various components of revocation of the power of attorney form. The components also guide the principal when filling the form as follows:
The Power of Attorney Revocation Form details the location information of the principal written in terms of state and country.
Former agent’s name
When revoking the power of attorney the principal is required to state the name of the former agent whose power is being revoked. The agent’s name should be written exactly the way it was formally used in the power of attorney form.
Principal’s personal information
The principal revoking the power of attorney should write their personal details including their full names in the revocation form. The information is used to verify if the principal is the one who issued the power of attorney form before.
A power of attorney revocation form must have the witnesses’ details that are included both in the revocation form and notary acknowledgment form. The witnesses’ details consist of their names, date, and signatures.
When it comes to the dates, two specific dates are essential to include in a power of attorney revocation form, and they are:
Date when the original POA began
The date when the original power of attorney form was issued to the agent is also noted in the power of attorney revocation form.
Date when the revocation starts
It is also significant to include the date when the revocation of power of attorney starts, according to the principal.
When it comes to the signatures required when writing a Power of Attorney Revocation Form, two specific ones are important to include. These are:
The principal fills the Power of Attorney Revocation Form in the presence of a notary public, hence, details such as the name, location, and signature of the notary public should be covered in the revocation form.
The principal authorizing the revocation of power of attorney should verify their request in the Power of Attorney Revocation Form with their signature
At this point in filling out the Power of Attorney Revocation Form, the principal needs to include any other documents or forms that are relevant to the case. They include the following:
If the legal proceeding includes a codicil, it is important to include it as the next step in filling out the Power of Attorney Revocation Form. The codicil is a supplementary document that is written to edit a part of a will. It is a legally recognized document and is also legally termed as part of a will.
The principal revoking the power of attorney must attach an end-of-life plan document aimed at highlighting one’s final wishes to their loved ones.
Health care directive
A healthcare directive is a legal document that documents the terms and conditions for caring for a person who is rendered incapable of performing normal body functions.
Power of attorney
The power of attorney is a document that allows one to appoint someone to oversee or represent them in making property and financial decisions.
Free Power of Attorney Revocation Forms
Following are some free downloadable templates for your use.
Frequently Asked Questions
Do I need to explain why I revoked my Power of Attorney?
It is not necessary for one to formally declare the reason for revoking the power of attorney of an agent. If it helps maintain the principal’s interest in the case, they can revoke an agent’s power of attorney at will.
Can a Power of Attorney be irrevocable?
Yes, the principal in the right mental state can revoke the power of attorney irrespective of the originally set termination date.
Why does a Power of Attorney need to be revoked in writing?
The revocation of the power of attorney document needs to be done in writing to make it legal and permanent. Another reason why it needs to be done in the presence of a notary public and witnesses.
Why does an attorney-in-fact need to be notified of revocation?
An attorney-in-fact needs to be notified of the revocation of power of attorney so that they can divulge further details of the legal proceedings to a revoked agent.
How do I tell my attorney-in-fact that their powers are revoked?
One can tell their attorney-in-fact that their powers are revoked through writing because the process needs to be legally recognized. Writing makes a document official.
Can my attorney-in-fact revoke his or her powers in a Power of Attorney?
An attorney-in-fact cannot revoke his or her powers in a Power of Attorney because the law only gives this power to the principal.
Can my attorney-in-fact revoke another attorney-in-fact’s powers?
No, an attorney-in-fact cannot revoke another attorney-in-fact’s powers because the law gives only the principal the mandate to choose and appoint an agent.