How do I revoke a durable power of attorney?

Recently on our legal forum a user asked, “I had assigned someone durable power of attorney to oversee my health care and financial needs. I have recently had a falling out with this person and want to revoke it. What do I need to do?” 

What is a durable power of attorney?

Power of attorney is a legal document that gives someone else the power to take specific legal actions on your behalf. If the power of attorney is only valid while you are legally capacitated it is referred to simply as power of attorney. If, however, the arrangement remains valid if you become incapacitated and cannot make decisions for yourself, it is referred to as a durable power of attorney.

If you have given someone durable power of attorney this means they might have the legal power to represent you financially, in legal matters, and in making healthcare decisions. Assigning an individual durable power of attorney, rather than the courts, ensures that someone you trust will care for you if you become incapacitated.

What can my agent do? 

As you have probably determined, your agent-in-fact may have a great deal of power to act on your behalf. Although their powers might be limited, it’s not unusual for your attorney-in-fact to be able to pay your bills, pay your taxes, pay your mortgage, make investments, conduct business, purchase insurance, collect government benefits, transfer property, hire legal counsel, and manage your retirement accounts.

Can I update my durable power of attorney? 

Now, as you have mentioned, there are times when a durable power of attorney may need to be updated. In fact, reasons to update a durable power of attorney can include changes in state and federal laws, a life change such as a marriage or divorce, or if you no longer feel the person you have appointed is capable of making the right decisions.

Steps to revoke my durable power of attorney

You asked whether or not you can revoke your durable power of attorney. Yes, assuming you are mentally competent, you can revoke your durable power of attorney at any time.

There are steps, however, that you might need to take. According to the Law Office of James F. Roberts and Associates, you will need to do the following:

• Notify your former attorney in fact that you are revoking the durable power of attorney.
• Contact all the appropriate financial institutions.
• Destroy copies of the durable power of attorney

Note: there are some instances where a durable power of attorney may automatically be revoked. For example, if your attorney-in-fact is deceased it is automatically revoked. In some states if you get a divorce it might also be automatically revoked. In other states, however, you will have to revoke it.

In some rare cases a court may also determine a durable power of attorney is invalid due to your mental incompetency at the date of initiation, you were a victim of fraud, or you were a victim of coercion.

 As with most legal matters, a durable power of attorney can be created and revoked without legal help. Unfortunately, like other legal issues, it can also be complicated, and you might want to have a lawyer help you.

Bottom Line:

Given the power and the responsibility of your durable power of attorney it’s important to choose the right person. First and foremost, your durable power of attorney should be someone you trust. They need to understand their duties and responsibilities, be a competent money manager, be able to communicate with different parties, and have a special ability to pay attention to details. Do not choose someone that does not have your best interest in mind or who does not share your values.