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
