Advanced Search

Revoking a Power of Attorney

For many people, the importance and weight of a power of attorney goes without saying. It’s one of the most powerful legal tools people possess, and it’s a tool that can make or break your financial situation. Choosing an agent (someone who receives your power of attorney) should be a weighted decision, with the powers ultimately going to someone you trust implicitly. So it also goes without saying that revoking a power of attorney can also be a very important decision, and can also be a way for you to “make,” not break, your life a lot better. But how exactly can you revoke a power of attorney once you’ve signed it over to someone else? Let’s take a closer look.

Technically speaking, you always are in ultimately possession of your power of attorney, because you can generally revoke a power of attorney at any time - it is yours to give, and ultimately yours to take away. Under contract law, however, it’s important that you not only put a power of attorney assignment in writing, but also put the revocation in writing. This revocation will put the power of attorney back in your hands.

What won’t it do? Well, it won’t reverse decisions that were made by the agent with your power of attorney while they had power of attorney. For example, if an agent made an unauthorized real estate purchase but had the legal authority to do so, there’s generally little you can do to reverse that decision, depending on how all of the contracts were written. Revoking someone’s power of attorney from them is a way of punishing them and getting them out of your sphere of control, but isn't necessarily a “quick-fix” to any of the havoc they might have wreaked on your estate.

How do you know when to revoke a power of attorney? It’s simple: it comes down to your gut-level decision. Do you know that the person, or agent, that you granted power of attorney has been abusing their power? Then it’s probably time to revoke the power of attorney. Has the person or agent gone against your wishes in using the powers of attorney? It’s probably best to revoke them before any damage can be done against your wishes. Answering these questions is just one step in understanding when to revoke a power of attorney, but ultimately that decision will be up to you.

It’s important that you recognize the individual legal issues you might face in revoking power of attorney. If you have granted someone a durable power of attorney, remember that you won’t be able to move this power of attorney away from them when you’re incapacitated or unable to make your own decisions. You’ll have to revoke their power of attorney now, while you’re still able to make that call.

In many cases, a revocation of a power of attorney is an easy form to fill out and not a difficult process - even if the decisions behind it are very difficult. Don’t be afraid to revoke power of attorney when it’s in your best interest.
Back to Article Library