Establishing someone as your power of attorney can offer a sense of relief after it's done. Someone you trust who will have your best interests at heart when it comes to making decisions for you, if ever needed. But maybe somewhere down the line, you decide you need to revoke this power of attorney.
The process to revoke your power of attorney is a straight-forward one, so if you ever feel at any time for any reason that you need a new power of attorney, you have the ability to remove that power from the originally appointed person.
How Do I Revoke My Power of Attorney?
There are two ways to revoke a power of attorney.
The first way is to destroy all copies of the original POA, and this is certainly the riskier option. If even one copy of the power of attorney paperwork exists, then the power of attorney would still be intact.
There’s another option that’s legally sound and easier to do—preparing a Notice of Revocation. This form makes the original power of attorney invalidated when it's properly filed and executed. This is a form that you should have already, as it’s a standard part of preparing the power of attorney documents. The Notice of Revocation can end all kinds of power of attorney, including a general POA and a durable power of attorney.
Working with an attorney ensures that the Notice of Revocation is completed correctly. You’ll need the original POA documents as there are dates and other information that will be needed to revoke the power of attorney.
Some of the required information includes:
- Your legal name
- Your legal address
- Date that the original POA was signed
- Date of the NC Revocation Form
You’ll need to sign the form in the presence of a notary, so that it can be notarized. And after it’s been notarized, you’ll need to invalidate the original POA by having copies of the Notice of Revocation sent to anyone who has a copy of the original power of attorney.
Reasons to Revoke Power of Attorney
There are many reasons why someone might want to revoke their power of attorney. Sometimes relationships change, or your power of attorney agent may request that you remove them as acting POA. Whatever the reason, revoking your power of attorney is a pretty easy process.
Some of those reasons are:
- Relationship Changes: Your relationship with your friend or relative has changed, and you feel like they’re no longer the best person.
- Death or Incapacity: They have died or been declared incapacitated.
- Availability Issues: They are not as available as you want. You need someone who has the time and lives nearby so that they can be available should you be incapacitated.
- Requested Removal: They have asked to be removed as your acting POA. Sometimes people change their minds and no longer want to serve in this role.
- Change Your Mind: You might have changed your mind for any kind of reason, and technically, you don’t need a reason to revoke the power of attorney.
Legal Steps to Take
If you need to revoke or change your power of attorney, working with an attorney is the best way to make your desired changes. Carolina Family Estate Planning offers various estate planning services to guide you and your loved ones. Protect your estate today by contacting us at (919) 899-7086 today for a free 15-minute needs evaluation or schedule a time using our online form.