Your power of attorney doesn’t have to be set in stone if your circumstances change. But what is a Revocation of Power of Attorney document, and how does it work? In this post, we’ll show you how (and why) to undo your PoA.
Can You Revoke a Power of Attorney?
Absolutely – all you need is the correct document, specifically a Revocation of Power of Attorney form. This signals that you wish to terminate a current PoA arrangement, leaving you without an agent until you choose another one.
If you write a new PoA, this automatically overrides the previous one. However, you might find it difficult to prove which is the newer document. An explicit revocation stops previous agents from fraudulently claiming the arrangement’s powers.
When to Revoke a Power of Attorney
You don’t necessarily need a grand reason for this – it could be as simple as wanting a different agent who, for example, lives closer to you. However, there are certain situations where ending your current PoA arrangement is the best course of action.
With this in mind, here are seven such scenarios:
- Your agent’s decision: Your agent may no longer want to do the job. For example, they may doubt their ability to make tough choices for you.
- Skepticism about your agent: Similarly, are you sure they would follow your wishes? If you have even the slightest doubt, you should consider someone else.
- Divorce: Many people choose their spouse as their PoA agent. However, you’ll likely not want them to administer your health or finances if you divorce.
- An agent’s death: If your agent dies, you must pick a new one. Revoking and replacing your PoA immediately helps you avoid any complications.
- No longer necessary: Your current PoA might be a temporary arrangement, such as for a holiday; you can then revoke it when you’re back home.
- Breach of duties: If your agent ever fails to follow your power of attorney’s wishes when you rely on them, you should revoke the arrangement.
- General change to wishes: Your healthcare or financial preferences could change at a moment’s notice; if so, revoke and rewrite the document.
What Your Revocation Form Needs
Like any legal document, a Revocation of Power of Attorney form is only binding if it fits specific criteria. The right template site already meets each requirement – and all you’ll need to do is add the details of your PoA.
Here’s what your online revocation form should have once you fill it out:
- Your personal details
- Your current agent’s details
- The previous PoA’s signing date
- The date of the revocation
- Space for witnesses and notarization
You can even customize the form to explain your reasoning. Ideally, you’ll also be ready to sign a new PoA document, possibly with another agent. Try to minimize the gap here; otherwise, you might be incapacitated without a working power of attorney arrangement.
Destroying the Original Power of Attorney
Whether you replace the previous PoA with a new one or not, you should still aim to destroy the former. This prevents any confusion later on – someone may think your prior PoA is still in effect, leaving the wrong person in charge.
Shred or otherwise dispose of any physical copies you have. If you gave copies to your agent or close family members, ask for these back. If you have a digital version, delete it from your cloud storage or device.
You should also keep your revocation form handy (physically and digitally) to formally prove the previous arrangement no longer applies.
Tips for Creating a New Power of Attorney
Whatever your reason for discarding the previous PoA, you must make sure not to repeat those mistakes for the new one. For example, always vet your agent and pick someone you know will make the decisions you want, even if they’re difficult.
Here are our tips for creating a PoA you won’t have second thoughts about:
- Clearly date the new PoA, so it has immediate priority over previous ones
- Be specific about which powers you’re granting and in which situations
- Choose an agent who has a good knowledge of finances and healthcare
- Talk to your prospective agent about your medical and financial wishes
- Combine the PoA with a living will outlining your preferred treatments
- Get a notary’s signature, even if it’s technically optional in your state
- Consider picking several separate agents in case one is unable to serve
If this new PoA also doesn’t work out, you can revoke it the same way. However, for your own sake, you must take every step to have an active power of attorney whenever possible.
Final Thoughts
Revoking your power of attorney doesn’t have to be a complex affair. With the right document at your disposal, you can simply declare your wishes and sign the form in front of witnesses – it will immediately take effect.
