MAKE YOUR FREE Revocation of Power of Attorney
What is a Revocation of Power of Attorney?
There are many reasons that you may choose to change your Power of Attorney or revoke a current POA. It is simple to do using our Revocation of Power of Attorney Form. Once you have revoked a POA, make sure that all interested parties know that you have done so.
When to use a Revocation of Power of Attorney:
- You want to revoke an existing Power of Attorney.
- You want to assign a new Power of Attorney.
- You need to revoke power of attorney from your former spouse.
- Your current POA agent is no longer competent or willing to fulfill their duties.
Sample Revocation of Power of Attorney
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REVOCATION OF POWER OF ATTORNEY
I, , of , , , hereby revoke This Power of Attorney included the power to
Dated ____________________, _____, at , .
__________________________________
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , ______________________________, and ______________________________, known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , ________________________________, and ________________________________, who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, ______, by , ________________________________, and ________________________________.
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, ______ by .
On this _____ day of ____________________, ______, before me personally appeared , to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, ______, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, ______, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Revocation, and acknowledged that such person executed it as such person's voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by .
In witness whereof I hereunto set my hand and official seal.
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
My commission expires _____________
_________________________________
Title or rank
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
Copy delivered to:
| Agent: |
| Address: |
| , |
| _____ | requires that the Revocation be signed in the presence of two witnesses. |
| _____ | Arizona requires the signature of one witness. |
| _____ | If the original Power of Attorney was registered with the county register of deeds, you'll need to provide the book and page number of the original document as well as register the Revocation with the same county. |
Revocation of Power of Attorney FAQs
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How do I revoke a Power of Attorney (POA)?
Changing your POA is simple. Like a Will, your most current version is the valid version. To revoke a previous version, you can use this form to revoke your current Power of Attorney and then make a new POA using our POA form. You will need a Notary Public to make the new POA valid. If you are ill or have been ill, you may benefit from having your physician compose a written statement saying that you understand the document and the consequences of signing the document.
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Can I verbally revoke a POA?
In most cases, no. To be enforceable, you'll most likely need to make the change in writing since your last written Power of Attorney document will be the version the courts and other interested parties will most likely refer to.
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Who needs to know I changed my Power of Attorney?
If no one knows you changed your POA, it may not be enforced should you become incapacitated. When you change your Power of Attorney, all interested parties should be informed such as your lawyer, spouse, accountant and family. Once you have made your new POA, make sure your lawyer, spouse and a family member have a copy. Keep a copy for your records in a safe place such as in your safe or safe deposit box.
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How do I change my parent's Power of Attorney?
There are a few situations that may prompt you to want to have your parent's current POA changed. In some instances, it is simple to change their Power of Attorney and in other situations, it can be difficult and often time-consuming and expensive.
Here are a few scenarios listed from the simplest to the most difficult:
Parent is competent and willing. In this case, they simply need to revoke their current POA and or make a new Power of Attorney document and share it with interested parties such as lawyers and relevant siblings.
Parent is competent and unwilling. Maybe you think you know best and are trying get your parent to change their POA. This situation may prove difficult. In this situation, you'll likely want to encourage them to discuss the situation objectively with their attorney and accountant.
Parent is incompetent and current POA agent is willing. If the current Power of Attorney agent is agreeable, they can "sign-over" their rights and you can create a new Power of Attorney document. You may benefit from consulting with a lawyer to ensure that you handle the process correctly.
Parent is incompetent and current POA agent is unwilling. This is the most difficult of the scenarios and may require you to consult with a lawyer and other professionals to change the guardianship of your parent. It could be costly and require time in court and more to make the change happen, and it can be stressful on family relationships.
If you need other estate planning documents we provide simple-to-complete Wills, Durable Power of Attorney and Living Wills, see our essential estate planning documents.
