How to File a Revocation of a Power of Attorney

How to File a Revocation of a Power of Attorney

It's not necessary to file a power of attorney for it to technically go into effect. Nevertheless, some institutions such as banks, insurance companies, Realtors or stock brokers will require a copy of the document before they grant your attorney access to your accounts or property. The same general rules apply for revoking a power of attorney. It need not be filed except for in the places where the original document was made present.

Instructions

    1

    Contact attorney in fact. First and foremost, you should contact the person whose power of attorney you're revoking. You can inform him or her verbally, but you should also send them a written communication simply stating their power (all or in part) is revoked effective immediately (or as of a certain or condition), that a formal revocation is being executed and that he or she should cease and desist taking previously authorized actions on your behalf.

    2

    Execute revocation. The revocation of power of attorney is a simple document that basically contains the same information described in the previous step. It is more formal than a simple letter and should be notarized. See the "Additional Resources" section for sample forms of the revocation document.

    3

    Provide documentation. A copy of the formal revocation should be sent to your former attorney in fact, for their records. Though he or she will probably not attempt to act in the former capacity after being notified about the revocation, to protect yourself you should send a certified copy of the revocation to any place that received your original grant of power of attorney, or with whom the attorney in fact might have conducted business on your behalf.

    4

    Destroy copies. When you send your revocation, you also should include a letter noticing that the former power of attorney has been revoked and that no privileges should extend to that person. You can also request that any copies of the power of attorney document he or she might have on file be destroyed. All of your remaining copies can eventually be destroyed, but you or your attorney will probably want to keep a copy on file for at least a few years just in case it needs to show previous acts were authorized.



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