Revocation of a power of attorney, also known as cancellation of a power of attorney, is a legal document that ends the tenure of a previously appointed attorney.
To keep it simple, cancellation of a power of attorney is written confirmation that the principal (the main person who appoints a person to be an attorney) no longer wants or needs his agent to act on his behalf.
Who can revoke?
The person who has given and/or signed power of attorney or POA is called the principal and is the only one who can revoke a power of attorney; however, an ordinary power of attorney stands revoked or cancelled if the principal somehow becomes incompetent, rendering him incapacitated and becoming incapable of making his own decisions.
A Durable Power of Attorney stays intact even though the principal is mentally incapacitated. This is why it is advised to pick out a trustworthy, successful attorney-in-fact.
Revocation of Power of Attorney Oral or written?
It is always vital to reduce legal documents in writing as proof of that legitimate document’s actuality, so a Revocation of Power of Attorney must not be an exception. Moreover, the parties concerned (which includes a financial institution or insurance company) typically require evidence that a Power of Attorney became revoked and can permit the attorney-in-fact to act on the principal’s behalf appearing till they’re suggested of the revocation in writing. Therefore it is highly recommended for revocation of Power of Attorney to be in writing.
Execution of Cancellation of POA.
For cancellation of an existing power of attorney, you must complete a revocation form. This form allows you to revoke the authority you previously granted to another person to act as an agent on your behalf in the matters detailed explicitly in your previous POA.
Information required to complete revocation of POA form:
- Your contact information.
- Agent’s contact information
- Date a power of attorney was signed
- Name of a notary public or witness if you desired to include both or any of them. It is highly recommended that revocation, a legal document, must be notarized and bear the signature of witnesses.
- Other details such as time and place of execution of revocation of POA form etc.
Following Particulars must also accompany the form of Revocation of POA.
- A Revocation of Power of Attorney must necessarily state that the previous power of attorney is revoked.
- To make the revocation valid, the principal should provide a duplicate copy of the cancellation to the previously appointed attorney-in-fact (and must take back any copies of the Power of Attorney if he has)
- Provide a duplicate copy of the revocation to all the parties concerned (including a financial institution or an insurance company).
- Provide duplicate copies of the revocation of power of attorney to any office where the Power of Attorney has been recorded, which will be revoked, including the County Clerk or Land Titles Office.
Notice to Agent.
An agent should be informed of the revocation in writing. However, there is no particular manner on the way to do it. You can offer the written cancellation via mail or via electronic mail, as long as you’ve got evidence that the attorney-in-fact has become aware of the revocation.
Usually it’s recommended to send your Revocation of Power of Attorney by registered mail, which gives evidence of delivery, or consist of an examine receipt together with your electronic mail to affirm that your attorney-in-fact indeed obtained the document. It isn’t encouraged to offer your attorney-in-fact with the revocation in individual if you are revoking the Power of Attorney as the attorney-in-fact is untrustworthy.