Free Revocation of Power of Attorney

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Revocation of Power of Attorney

Signing Details of Revocation


Signing Details of Revocation


Where will the document be signed?

Virginia







Frequently Asked Questions
When should I include a witness certificate?You should only request a witness certificate if you are revoking a durable power of attorney (a power of attorney which is effective even after you have become mentally incapable). The witness certificate confirms that you are mentally capable of understanding this document.Can I still revoke my Power of Attorney if I become incompetent?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.


Your Revocation of Power of Attorney

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REVOCATION OF POWER OF ATTORNEY

I, _________________________ of _________________________, hereby revoke the power of attorney, which was granted by me on the 7th day of December, 2022 and which appointed _________________________ of _________________________ as my attorney-in-fact. _________________________ no longer has the authority to act on my behalf and any authority previously conferred on _________________________ by said power of attorney is revoked, cancelled and terminated as of this ________ day of ________________, ________

IN WITNESS WHEREOF, I have hereunto set my hand and seal at the City of __________ in the Commonwealth of Virginia this ________ day of ________________, ________.

SIGNED, SEALED, AND DELIVERED
in the presence of:


___________________________________
WITNESS:
Address:____________________________
___________________________________

___________________________________
WITNESS:
Address:____________________________
___________________________________

_______________________________
_________________________


WITNESS ACKNOWLEDGEMENT

I HEREBY ACKNOWLEDGE that:

  1. I witnessed the signing of the Revocation of Power of Attorney of _________________________ dated this ________ day of ________________, ________.
  2. I am an adult with capacity to witness the signing of the Revocation of Power of Attorney.
  3. In my opinion, _________________________ had the capacity to understand the nature and effect of the Revocation of Power of Attorney at the time the Revocation of Power of Attorney was signed and he signed it freely and voluntarily without any compulsion or influence from any person.

Signature: __________________________
Name: __________________________
Address: __________________________


WITNESS ACKNOWLEDGEMENT

I HEREBY ACKNOWLEDGE that:

  1. I witnessed the signing of the Revocation of Power of Attorney of _________________________ dated this ________ day of ________________, ________.
  2. I am an adult with capacity to witness the signing of the Revocation of Power of Attorney.
  3. In my opinion, _________________________ had the capacity to understand the nature and effect of the Revocation of Power of Attorney at the time the Revocation of Power of Attorney was signed and he signed it freely and voluntarily without any compulsion or influence from any person.

Signature: __________________________
Name: __________________________
Address: __________________________


Instructions for Executing Your Revocation

Before signing your Revocation of Power of Attorney, ensure that you have read it and understand it.

To be valid, you must sign the document using your normal check signing signature. The signing must occur in the presence of your notary or witnesses.

After you have signed your document in front of your notary or witnesses, your notary or witnesses must sign the document in your presence.

Remember that your witnesses cannot be your spouse, partner, child, your attorney-in-fact or alternate attorney-in-fact, or the spouse of your attorney-in-fact or alternate attorney-in-fact. Some jurisdictions disallow witnesses that are mentioned in your will, either as beneficiary or executor/executrix. You should generally avoid having witnesses that have any financial relationship with you. The witnesses must be of legal age in your jurisdiction and they must be mentally capable.


Effecting Your Revocation

To ensure that your revocation is effective, you must give actual notice of your revocation. This means that the written revocation must be received by the attorney-in-fact and any third party affected by the power of attorney (e.g. financial institutions, land registries, and individuals). It is therefore insufficient to simply mail out your revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation - double-registered mail or personal delivery may be the best option. Furthermore, if your power of attorney gave authority over real estate, it is best to register your revocation with a legal description of the property in the County Clerk's Office or deed registry where the land is located.

Ask your attorney-in-fact to return all of his/her copies of the power of attorney. Mark the words "Revoked" on each copy to ensure that they cannot be used again.

Last Updated September 6, 2022

What is a Revocation of Power of Attorney?

A Revocation of Power of Attorney (POA), is a document that takes away the legal powers granted in a Power of Attorney.

In other words, it’s written confirmation that a principal (the person who granted powers) no longer needs their attorney-in-fact (the person appointed to act on their behalf, sometimes called an agent or donor).

Without a revocation of power, an attorney-in-fact can continue to act for the principal. Most states require written documentation, although others allow you to revoke powers verbally. Still, it’s best practice to get this contract in writing as evidence of your intentions.

A Revocation of Power of Attorney must plainly state your desire to revoke a previous POA and include:

  • The principal's name
  • The attorney-in-fact's name
  • The date the Power of Attorney took effect
  • The date the Power of Attorney is revoked
  • A notary public seal of certification (only required in certain states)

You can also cancel a POA by creating a new Power of Attorney that includes a clause to revoke powers granted in any previous contract.

When should I revoke my Power of Attorney?

You may want to rescind power when:

  • You can act for yourself and no longer need a representative
  • The event or activity that called for a POA is over (e.g., you were away on business but have now returned)
  • The attorney-in-fact can no longer act (e.g., they’re moving or have passed away)
  • The attorney-in-fact is not fit to act (e.g., you’ve decided they’re untrustworthy or irresponsible)
  • You wish to appoint someone else

Keep in mind that state governments have different laws about revoking a POA. In Alabama, for example, a Durable POA is automatically revoked if your spouse is your attorney-in-fact and you divorce

Remember to check your state laws if you’re thinking about canceling your Power of Attorney.

Who has the authority to revoke a Power of Attorney?

Only you have the authority to cancel your Power of Attorney.  

Although an attorney-in-fact can decline to act for any reason, it’s not technically a "revocation". If they decline to act, the other attorney-in-fact or the substitute (if you named any) typically takes over. Otherwise, you’ll need to appoint a new agent.

Further, an attorney-in-fact cannot revoke the Power of Attorney. This is true even if one attorney-in-fact has the authority to make legal decisions without consulting the other (i.e. in a joint and independent situation). As the principal, you’ve given someone authority to act on your behalf. An attorney-in-fact cannot invalidate your wishes.

It’s also important to note that courts have the authority to revoke a Power of Attorney in certain situations (e.g., when a principal with a Durable Power of Attorney and two attorneys-in-fact are all incapacitated). Family members can file the court application but can’t revoke any powers themselves. 

Can a Power of Attorney be irrevocable?

An irrevocable Power of Attorney is uncommon. You can rescind your Power of Attorney at any time, as long as you are competent and notify your attorney-in-fact. This is true even if the Power of Attorney has a specified end date.

However, it’s important to note that a Durable Power of Attorney remains in effect even if you’re mentally incapacitated. At that point, you’ll no longer be able to revoke its powers.

Who do I need to notify after I create a Revocation of Power of Attorney?

You must send notice to your attorney-in-fact. If you tell them you’re revoking their powers, they cannot act any longer. Otherwise, they may be liable for any damages that result from their conduct.

You can deliver the written revocation in person, by mail, or through email. In any case, it’s best practice to get proof of delivery. For instance, you can send the document with registered mail. Or, if sending by email, request a read receipt to verify that your attorney-in-fact receives the document. 

It’s also crucial to provide copies to any third parties that may deal with your agent, such as: 

  • Banks
  • Insurance companies
  • Businesses

These entities may require proof that you revoked your POA and might allow the agent to act until advised in writing. 

In addition, if you registered your Power of Attorney with a Land Titles Office or other agency, you must also register the revocation.

Do I need to notarize my Revocation of Power of Attorney?

Many government and private entities require a notarized copy of your Revocation of Power of Attorney. For instance, some land title offices won’t accept the original because the principal/their lawyer often needs it for other things. 

As such, it’s a good idea to notarize your Revocation of POA and any copies. A notary public:

  • Verifies the identity of the signing parties
  • Ensures the parties understand the agreement
  • Puts their official stamp or seal on the document

Related documents

  • Power of Attorney: Appoint someone to make legal, financial, or personal decisions on your behalf.
  • Health Care Directive: Outline your medical preferences for health care professionals to reference when you're incapacitated.
  • Last Will and Testament: Plan what happens to your assets, debts, properties, and possessions when you pass away.
  • End-of-Life Plan: Make a plan for funeral arrangements and what to do with your remains when you die.
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