Can You Revoke a Power of Attorney After Granting It?

Question from Go, Can You Revoke a Power of Attorney After Granting It?

Answer from AI:

When a loved one passes away without a will, it can lead to complex legal situations. In the United States, the laws governing estates, wills, and powers of attorney (POA) vary by state, but there are general principles that apply across the board. If you’ve found yourself in a situation where you’ve granted someone—like a sibling—power of attorney in the aftermath of your father’s passing and now wish to retract that permission due to a violation of an agreement, it’s important to understand your options and the steps involved.

Understanding Power of Attorney

First, it’s crucial to clarify what a power of attorney is. A POA is a legal document that grants one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal). Powers of attorney can cover a range of decisions, including financial, legal, and health-related matters. They can be durable, meaning they remain in effect if the principal becomes incapacitated, or non-durable, meaning they are no longer valid if the principal loses the ability to make decisions.

Revoking a Power of Attorney

Yes, it is generally possible to revoke a power of attorney, but there are specific steps you must follow to do so legally and effectively. Here’s what you need to know:

1. Review the Original POA Document: Some POA documents include instructions on how to revoke the authority granted. If such instructions exist, you’ll need to follow them closely.
2. Notify the Agent: You must inform the person who has the power of attorney (your brother, in this case) that you are revoking their authority. This is typically done in writing, through a formal revocation document.
3. Notify Relevant Third Parties: Any institutions or individuals who were aware of the original POA (such as banks, healthcare providers, or legal entities) should be informed of the revocation to prevent the former agent from continuing to act on the principal’s behalf.
4. Execute a Revocation Document: To formally revoke a POA, you should create and sign a revocation document. This document should clearly state that the power of attorney is being revoked and should reference the original POA by date. It’s often recommended to have this document notarized.
5. Consider State Laws: Since laws vary by state, it’s important to consult your state’s specific requirements for revoking a POA. Some states may have forms or additional steps that need to be followed.

When Legal Advice Is Necessary

While the steps above provide a general guideline, legal complexities can arise, especially in situations where the agent does not agree with the revocation or has already taken actions that have significantly impacted the principal’s affairs. In such cases, consulting with a legal professional who specializes in estate law or elder law in your state is highly recommended. They can provide personalized advice, help draft the revocation document, and guide you through any additional steps that may be necessary to protect your interests and those of the estate.

Additional Resources

For more information on creating, using, and revoking powers of attorney, the following resources may be helpful:

• The American Bar Association’s guide on Power of Attorney offers a comprehensive overview.
• Your state’s government website or legal aid society may have forms and specific guidance on POA laws in your jurisdiction.

Remember, while it is possible to revoke a power of attorney, ensuring that the revocation is done correctly and legally is crucial to avoid further complications. When in doubt, seek professional legal advice.