Avoid legal disputes by using our free and easy-to-use Revocation of Power of Attorney template to cancel legal authority given to an agent through a Power of Attorney (POA).
Last Update November 30th, 2022
- What Is a Revocation of Power of Attorney
- Reasons to Revoke a Power of Attorney
- Revocation of Power of Attorney Sample
- How to Revoke a Power of Attorney
- Other Estate Planning Documents
- Power of Attorney Revocation FAQs
What Is a Revocation of Power of Attorney
A Revocation of Power of Attorney legally annuls any powers given to an attorney-in-fact, also called an agent, through a Power of Attorney (POA).
As the party who originally granted authority to the agent, the principal typically initiates the revocation process.
Although some states allow the verbal revocation of powers, most demand a legal form as proof of intentions.
A Power of Attorney Revocation must include the following elements to be effective:
POA revocation date
POA original date
Some states also require Revocation of Power of Attorney forms to be certified by a notary public. Canceling a POA can also be achieved by issuing a new Power of Attorney containing a clause that revokes any authority granted in the original one.
Use our Revocation of Power of Attorney template to avoid errors and omissions in your document.
Reasons to Revoke a Power of Attorney
It is impossible to include a complete list of reasons why you may need to revoke a POA, as there are unlimited variations of circumstances.
However, we have compiled the following situations where you might need a Revocation of Power of Attorney form:
Agent release. The agent wishes to no longer be legally responsible for the duties attached to a POA.
Age-related issues. Older people who notice strange or abusive behavior from a previously assigned agent should revoke granted powers to avoid damages.
Divorce. Marital relationships sometimes end, and with them often also the trust customary to close bonds.
Death. If an agent assigned through a POA dies, legal protection can be attained by revoking powers.
Return after an absence. POAs are often drafted to concede powers during overseas stays and travels. They should be canceled officially when the principal returns.
Breach of fiduciary duties. If the principal notices the agent is acting against their interests, powers should be revoked quickly.
Be aware that the only one who can revoke a Power of Attorney is the principal mentioned in the original POA or someone assigned by a court in the name of the principal.
Revocation of Power of Attorney Sample
To draft a legally valid Revocation Power of Attorney form, you must know which details to include.
Examine the example below to get a better idea ofhow to outline your document.
How to Revoke a Power of Attorney
The safest way to cancel any powers given to an agent through a POA is by releasing a Revocation of Power of Attorney form.
Complete the following steps to issue your document:
Fill out the form. Compare it to the original POA to ensure all details are correct.
Sign it. Failing to sign requires that you include the following information: State and county where the POA is in effect, principal’s name and addres, revocation date and agent’s name.
Notarize the document. Not all states require this, but it adds credibility.
Include witnesses. While not necessary for most states, it is recommended to have at least one to legally validate the form.
File the document in the county recorder’s office. If the original POA was recorded, its revocation should too.
Notify the agent. Use certified mail to receive proof of delivery.
Inform third parties. Financial institutions, lawyers, and accountants are some examples of stakeholders you should notify to avoid fraud.
Other Estate Planning Documents
Power of Attorney Revocation FAQs
It is crucial to understand the requirements and details of a Power of Attorney Revocation form before drafting one.
Read through our FAQs below to clarify any doubts about how they work.
Do I Need to Notarize My Revocation of Power of Attorney?
Not all states demand notarization when revoking a Power of Attorney. However, many government agencies and private companies may require a notarized copy of the revocation.
A notary public adds credibility to the document by verifying the identity of all the parties involved and their understanding of the consequences of signing the form.
What Types of POAs Can Be Revoked?
A principal can revoke any kind of POA, including durable powers of attorney. Only when the principal has become incapacitated can a POA no longer be revoked without a complex legal process.
If an agent is not acting in the principal's best interest, granted powers should be revoked as soon as possible to avoid damages.
Can You Cancel a Power of Attorney at Any Time?
A Power of Attorney can be revoked at any time without the need to provide any reasons. Principals should observe periodically if the agent is honoring the terms of the POA and acting in good faith.
Agents are legally bound to put the principal's interests first. Should this not be the case, a revocation of the granted powers should be arranged quickly to avoid a potential legal process.