Can I revoke power of attorney?

Designating another person as your power of attorney will give them the legal right to assist you and make decisions for you in the event that you are unable to make decisions on your own behalf. After you, the principal, appoint another individual as your power of attorney they become your agent or attorney-in-fact.

There are several different types of power of attorney arrangements available including non-durable power of attorney, durable power of attorney, medical power of attorney, springing power of attorney, and limited power of attorney.

Recently on our legal forum a user asked, “If I have assigned someone as my power of attorney can I revoke this assignment, and if so, what steps do I need to take?”

Types of power of attorneys

Before assigning someone power of attorney it’s important to determine what type of arrangement you need. The most common arrangements are outlined below:

1. Non-durable power of attorney- Non-durable power of attorney is only used for a set period of time until a transaction is completed.
2. Durable power of attorney- The assigned durable power of attorney manages all the affairs of the principal as soon as the principal is determined incapacitated and cannot manage their own affairs. This arrangement expires at the time of the principal’s death.
3. Medical power of attorney- Medical power of attorney allows the assigned party to make health care decisions for the principal.
4. Springing power of attorney- Springing power of attorney only becomes valid when a specific event occurs but can allow the assigned power of attorney control of a wide variety of affairs concerning the principal.
5. Limited power of attorney- Limited power of attorney is generally used for a one-time financial transaction, such as purchasing property.

Choosing a power of attorney

Before choosing a power of attorney it’s important to consider the reasons for making the decision, what you need them to do for you, whether the individual is trustworthy, whether they have reached age of consent, and whether they understand the rights and responsibilities under the proposed power of attorney agreement and responsibilities as outlined by state laws.

Can I cancel my power of attorney choice?

Now, let’s go back to the question at hand. This user was considering changing or modifying her power of attorney choice and wanted to know if this was possible.

Some power of attorneys will end at pre-designated times, like when a specific transaction is completed, the principal dies, or when the effective date expires, but you, as the principal, may also revoke your power of attorney at any time by notifying the attorney-in-fact in writing (assuming you are mentally competent).

If you wish to assign a new person to act as your power of attorney after you have terminated the previous relationship and notified all necessary parties, you can simply create a new power of attorney. In some cases, the revocation must be registered. Notification is very important. Talk to a lawyer if you have questions about how to perform a legal notification.

What happens if I am mentally incompetent?

In general, power of attorney agreements will be automatically revoked if the principal is found to be incompetent. There are certain power of attorney agreements, however, which allow the principal to assign another person the power to manage their finances and/or medical care when they become incompetent.

If you have a durable power of attorney or medical power of attorney you will have the legal right to update your power of attorney document as long as you are determined mentally competent. The law, however, does not allow a principal who is mentally incompetent to designate or revoke power of attorney, assuming it was legally designated.

Bottom Line:

Assuming you are mentally competent, you should be able to update your power of attorney designation by taking a few legal steps.