Revoking a Power of Attorney
Can you verbally revoke a power of attorney?
When you are a power of attorney for someone else, it can be challenging to know whether you have the right to rescind that agreement. There are many different situations in which a POA is created, and some people may find themselves in a case where they need clarification about whether they have the ability to revoke a power of attorney.
Some POAs can be revoked verbally, but others cannot—it depends on your state's laws about both POAs in general and about revoking POA. To find out more about how and when a person can verbally cancel a power of attorney, contact an estate planning lawyer for advice.
While you can undoubtedly revoke a power of attorney, it's essential to understand what withdrawing it means and what it does not mean.
Term of a Power of Attorney
During the term of a power of attorney, the person known as the "principal" (or "grantor") appoints another person, referred to as an "agent," to act on their behalf. The principal's authority is limited to situations in which the law allows: for example, only concerning financial matters. The agent is authorized to make legal decisions on the principal's behalf.
The document itself says that it can be revoked at any time. But remember that there are two types of revocations: "express revocation" and "implied revocation." Express revocation is when a person explicitly states that they want to revoke a power of attorney. Implied revocation occurs when a person acts in a way that indicates they no longer want their agent to act on their behalf. For example, suppose a principal refuses to sign documents or communicate with their agent. In that case, this could be considered an implied revocation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.