When to Revoke a Power of Attorney
- The tasks have been completed.
- The principal wishes to change agents.
- When amending a POA or creating a new one.
- Death or incapacity of the agent.
How to Revoke a Power of Attorney
A POA can only be revoked by the principal if they are of sound mind and not incapacitated.
Most states recognize the following three methods of terminating an agent’s position:
- Destroying all existing copies of the POA.
- Completing and issuing a written revocation.
- Signing a new POA that overrides the one being revoked.
Sample
Download: PDF (Blank) | PDF (Sample Data)
COUNTY OF [COUNTY]I, [PRINCIPAL NAME], with a mailing address of [PRINCIPAL ADDRESS], hereby revoke all Powers of Attorney executed prior to [MM/DD/YYYY], made by me and appointing [ATTORNEY-IN-FACT NAME] as my Attorney-in-Fact, and [SUCCESSOR ATTORNEY-IN-FACT NAME(S)] as my successor Attorney(s)-in-FactIN WITNESS WHEREOF, I have hereunto set my hand on [MM/DD/YYYY].Signature of Principal: __________________________
WITNESS ACKNOWLEDGEMENT
The foregoing revocation was signed by [PRINCIPAL NAME] in our presence, and we, at their request and in their presence, and in the presence of each other, each of us being over the age of 18 years, have hereunto subscribed our names as witnesses on [MM/DD/YYYY].
Signature of Witness: __________________________
Witness Address: [WITNESS ADDRESS]
Signature of Witness: __________________________
Witness Address: [WITNESS ADDRESS]
NOTARY ACKNOWLEDGEMENT
STATE OF [STATE]
COUNTY OF [COUNTY]
BEFORE ME, the undersigned authority, on this day, personally appeared [PRINCIPAL NAME], who, having been duly sworn, states that he/she is executing this revocation in the presence of the witness(es) as shown above and for the purposes therein expressed.
Sworn to, subscribed, and acknowledged before me by [PRINCIPAL NAME] on [MM/DD/YYYY].
____________________________________
Notary Public
[NOTARY PRINTED NAME]
My Commission Expires: [MM/DD/YYYY]
(Seal)
How to Use the Form
Step 1 – Complete and Sign the Revocation Form
Draft the revocation form, including the following information:
- State and country in which the POA is effective.
- Principal’s name and address.
- The date the revocation is effective.
- The name of the attorney-in-fact whose power is being revoked (and that of the successor attorney-in-fact, if any).
Regardless of whether it is required by state law, it’s recommended that the revocation form be notarized. Some states also require that two adult witnesses sign.
Step 2 – Record Revocation (Optional)
If the POA being revoked was originally recorded in the county recorder’s office, the revocation document should also be recorded to ensure the original POA is deemed ineffective.
Step 3 – Notify Agent and Other Parties
The principal must inform the attorney-in-fact that their power is revoked. The principal can send the revocation form by certified mail to obtain proof of delivery.
To prevent fraudulent activity, the principal must also ensure any individual or entity that has received a copy of the POA also receives a notice of revocation.
Examples of parties that may require notification:
- Accountants and lawyers
- Insurance offices
- Banks and credit unions
- Business partners
- Close friends and relatives
Step 4 – Destroy Copies of POA (Optional)
The revoked POA and any copies that the principal has or that have been collected by third parties can be destroyed. Destroying all originals and known copies of a POA effectively revokes it in most states.