FormZoid

Revocation POA Use Cases

There are numerous cases where a revocation power of attorney can take effect. The principal can have second thoughts about a previous appointment and have a change of mind for various reasons. If the agent is unavailable due to death or incapacitation, you must appoint another person, using the POA to assign the powers afresh.

Suppose you selected your spouse as an agent and the relationship changed due to divorce. In such a scenario, you will need a revocation POA to terminate the appointment and select another person to take over the responsibility.

Another reason for revocation is when the appointed agent no longer wants to serve in the POA. Or when the principal feels that the agent is not executing his duties appropriately. Ultimately, when the principal fulfils the POA’s main objectives, it will not be necessary to assign any responsibilities anymore.

Revoking a POA

Below are the steps a principal should take when revoking a POA:

  • Terminate an existing POA
  • Choose a new agent
  • Inform all involved parties of the revocation
  • Create a new POA (if required).

You do not require a lawyer to revoke any POA; all you need is legal consultation to ensure every detail is in place. Moreover, you can file the new POA alongside the revocation document, where the original POA was filed for validation purposes in court.

POA Revocation Process

The principal is the only individual with the power to cancel a POA appointment at any time. However, under pressing situations, immediate family members can file termination complaints in court due to an agent’s behavior. When an agent fails to act accordingly and abuses power, the principal’s family can take action and revoke the agent’s powers in court.

The following are detailed steps on how to fill a revocation POA.

Fill in a POA Revocation Form

You can download the form on our site for free and proceed to fill the form. The printable document is available in different formats – PDF, Word, or ODT. Make sure that you fill in all the necessary sections regarding the revocation. Don’t forget to include the dates and the appointed agents from the original POA document you want to revoke.

Execution

After filling the form, ensure that it goes through by signing it similar to the original form. Include at least two witnesses and a certified notary public officer who will oversee the document signing.

Issue Out the Forms

The final step is to distribute copies of the revocation POA to all the parties involved through formal mail. It is done for the principal to have evidence that all the agents received the forms. Don’t forget to issue it out to the Banks and other institutions together with copies of the previous POA.

After the revocation form is sent, the agents lose their legal power to conduct any activities relating to the canceled POA since it will be a crime.

Revocation POA Questions

  • Can a principal cancel a POA appointment?

Yes, the principal is the only person with legal rights to terminate a POA for sufficient reasons, such as the agent’s incompetency or unavailability.

  • Do I need to explain the reasons for revocation?

No, it is not necessary to provide explanations about why you are canceling a particular POA. You can only inform the concerned parties of its termination without explanations.

  • Do I need witnesses and a notary public to complete a revocation POA?

Yes, you need at least two witnesses to validate the document. For notarization, you must consult the state laws before proceeding.

  • What validates a revocation POA?

The principal’s name, agent’s name, the POA’s signing date, revocation date, notarization information, and revocation copies to all parties involved should be included in a valid revocation POA.

Legal Requirements for Revoking a POA

It is critical to create all legal forms in writing as proof that the agreement took place at a specific date with signatures of all parties involved. A revocation POA is no exception since you must fill in the form and state that you are terminating a particular power of attorney. Most institutions, such as banks and companies involved, require a written revocation form to prevent further dealings with the agent in question.

What to Do After Revoking a POA

Though signing a revocation POA may seem to be the end of the legal arrangements, you still need to take a couple of further steps to ensure that your estate planning documentation is in order. First, after revoking the POA rights from the former agent, you should take the old POA document from that agent. If there is no opportunity to elicit the POA physically, you may send a certified letter notifying the agent about the POA’s expiration.

If you have just revoked a durable POA, take your time to make new arrangements and assign a new agent to manage your affairs. As POAs are part and parcel of the estate planning documentation package, it’s not good to leave this aspect without explicitly documented instructions from you. Thus, legal experts recommend completing a new durable POA right after the old one’s revocation to ensure that all financial affairs, property dealings, and other estate planning aspects are kept under control.