Revocation of Power of Attorney FAQ
Q: What is a "Revocation of Power of Attorney"?
A: A Revocation of Power of Attorney is a legal document signed by or on behalf of a person who granted a Power of Attorney (the Principal). It states that the principal is canceling the powers that were given to another person (the Attorney-in-fact) in an earlier Power of Attorney. The document provides written confirmation that the principal has revoked the Power of Attorney that was previously granted.
Q: Why would I want to revoke a Power of Attorney I previously
A: Some reasons why you may wish to revoke a Power of Attorney include:
- The Power of Attorney is no longer necessary as you are now able to act on your own behalf;
- You no longer trust the person who is acting on your behalf (your Attorney-in-fact);
- You have found a more suitable candidate to act as your Attorney-in-fact;
- It is no longer practical to have your Attorney-in-fact acting on your behalf (e.g. your Attorney-in-fact no longer resides in the same jurisdiction as you do); and
- The purpose of the Power of Attorney has been fulfilled and you no longer need an Attorney-in-fact to act for you.
Q: Is it necessary for me to have a written Revocation of
Power of Attorney?
A: A Power of Attorney is a powerful legal document which can enable an Attorney-in-fact to do almost anything with your property (depending on the powers you have granted in the Power of Attorney document). A revocation of a Power of Attorney is not effective against the Attorney-in-fact or any third party (e.g. bank) until notice of the revocation has been received by that party. Consequently, it is a good idea to have a written document as evidence of your revocation to make sure there is no doubt as to your intention to revoke the power.
Q: When can I revoke my Power of Attorney?
A: A Power of Attorney can be revoked at any time, regardless of the termination date specified in the document, as long as the Principal is mentally capable. (Note: there are some exceptions, but these apply only to "binding" Powers of Attorney. LawDepot does not provide forms for binding Powers of Attorney on our web site).
Q: Can I still revoke my Power of Attorney if I become
A: An ordinary power of attorney is automatically revoked if the person who made it is found to be incompetent, but a durable/enduring power of attorney can only be revoked by the person who made it while that person is mentally competent.
Q: Do I have to specify why I am revoking my Power of
A: You are not required to explain why you are revoking your Power of Attorney. As long as you are mentally capable, you can revoke your Power of Attorney for any reason (or for no reason).
Q. How will my Revocation of Power of Attorney become
A: In order to give effect to your Revocation you must complete the following steps:
- Have your Revocation witnessed or acknowledged before a notary;
- Provide a copy of your Revocation to your Attorney-in-fact and ask him/her to return all of his/her copies of the Power of Attorney;
- Provide a copy of your Revocation to any financial institutions or any other third parties where your Power of Attorney may have been used; and
- Provide a copy of your Revocation to any agency where your Power of Attorney has been recorded (e.g. County Clerk's Office, deed registry or land titles office).