Revoking a power of attorney varies by jurisdiction and type. A revocation power of attorney can be filed with the court to nullify the previous document. Including reasons is optional, but may be used in future legal action. For final powers of attorney, a breach of contract must be demonstrated. Online templates may not be recognized in all court systems.
The steps required to revoke a power of attorney vary from one jurisdiction to another and can also vary based on the type of power of attorney involved. For this reason, there is no easy way to proceed with the revocation. In some areas, a simple verbal revocation is sufficient. In other cases, the legal documents must be filed and served on the agent named in the power of attorney. There are a few basics that will most likely apply if the goal is to revoke a permanent power of attorney, a limited power of attorney, or even a so-called irrevocable power of attorney.
With any power of attorney structured to include a start and end date, the process to revoke a power of attorney can involve something as simple as completing and filing a so-called revocation power of attorney with the appropriate court. An act of this type merely declares that the person submitting the withdrawal or revocation no longer wishes the agent to represent his interest and that the power of attorney previously granted is rendered null and void as of a certain date. Typically, the document is considered binding the same day it is received by the court and reviewed for accuracy.
In most cases, it is not necessary to state why you want to revoke a power of attorney. This does not mean that a reason cannot be included, if the applicant of the revocation document so wishes, provided that the reason is based on verifiable fact. The inclusion of one or more specific reasons is sometimes used as a means of creating an additional legal document that can be used in some type of civil action against the agent at a later date.
There are also jurisdictions around the world that would require more details to be included where a final power of attorney is involved. Since this particular type of power of attorney often has to do with some type of contractual arrangement, it must be successfully demonstrated that the agent has failed to comply with the terms of that contract before their authorization can be revoked. Lawyers can review all relevant data and help prepare a revocation on this type of document as well, assuming a breach of contract has occurred.
Today, there are a number of law firms that provide access to online templates that can be used to reverse a power of attorney. Once reviewed and signed, the company can take any steps necessary to make the document binding. While convenient, using this method to reverse a power of attorney is not recognized in some court systems, and you may still need to meet with an attorney or clerk to present a paper copy of the revocation.
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