Power of Attorney Revocation

Just like all types of power of attorney are legally enforceable, so is the revocation. A POA is a legal document that requires notarization and witnesses to the principal’s signature. (Some states may also require the agent’s signature.) In certain cases, a copy of the power of attorney is sent to a court or another entity. A Power of Attorney Revocation needs to be in writing because a verbal revocation is usually not enough.

Given that one of the most common reasons that people need a Power of Attorney Revocation is a change of mind or distrust of the agent, they’ll still have the authorization to act on your behalf. Without a suitable Power of Attorney Revocation, you risk losing control over important areas of your life. You may also have to incur legal fees to remedy the situation. If you become distrustful or suspicious that your agent may not act in your best interest, executing a revocation is in order.

A betrayal of fiduciary duty is behind some people’s decision to revoke their powers of attorney. There are many examples of relationships that come with a fiduciary duty, of which that of the principal and agent is one. Among others, the agent must not have a conflict of interest with what they may carry out on behalf of the principal.

Irrevocable powers of attorney are extremely rare save for one version. In some cases, a clause can be added to a power of attorney stating that the principal’s revocation rights are limited. In most cases, however, if the principal is of sound mind and mental competence, they can revoke a power of attorney as they wish. Also, an agent may decide to extricate themself from the responsibility, which is separate from any Power of Attorney Revocation. In that case, an alternative agent will take over the duty.