“Guidelines for Drafting a Revocation of Power of Attorney Document”
The Revocation of Power of Attorney is a legal document used to cancel or nullify a previously granted Power of Attorney (POA). This action is often necessary when the principal (the person who granted the power) decides to withdraw the authority given to an agent (the person who was granted the power) for various reasons, including changes in circumstances or relationship dynamics.
A need for revocation arises when a principal no longer requires or desires the services of the appointed agent, or when the purposes for which the POA was granted are no longer relevant or have been fulfilled. It’s also crucial if the trust between the principal and the agent is compromised.
How to Draft
To draft a Revocation of Power of Attorney:
- Identification of Principal and Agent: Clearly state the names and details of the principal and the agent involved in the original POA.
- Details of the Original POA: Reference the original POA, including its date and specific powers granted.
- Statement of Revocation: Explicitly state that the principal revokes, cancels, and nullifies the powers granted to the agent.
- Effective Date: Mention the date from which the revocation will be effective.
- Distribution Notice: Indicate that copies of the revocation will be distributed to all parties concerned, including institutions where the POA was previously used.
- Signature and Date: The principal must sign and date the document. Notarization may be required for additional legal validity.
- Witnesses (if required): Depending on jurisdictional requirements, the presence and signatures of witnesses may be necessary.
File the Revocation of Power of Attorney with the same institutions and organizations where the original POA was registered or used. This ensures that the revocation is acknowledged and recorded, preventing future unauthorized use of the POA.
The Revocation of Power of Attorney is a critical legal tool, enabling individuals to maintain control over their affairs and ensuring their wishes are respected. Timely and proper drafting, along with thorough distribution and filing, are essential for the document’s effectiveness.