You may revoke a power of attorney any time you want as long as you are competent. However, a power of attorney is automatically revoked when you pass away. In addition, it is automatically revoked when you become incompetent unless the power of attorney specifically states that it will continue if you become incompetent. Once you are incompetent, if the power of attorney continues, you cannot revoke it.
Revoking a power of attorney has the same requirement as creating a power of attorney. It must be in writing and notarized. In addition, the person who previously had the power must be notified that you are revoking that power. Finally, it should be filed in the county clerk office of any county where you have property that was covered by the power of attorney.
Other frequently asked questions about powers of attorney:
- What is a Power of Attorney?
- What are some common uses of the Power of Attorney?
- What is an agent or Attorney-in-fact?
- How do I create a Power of Attorney?
- Does a Power of Attorney last forever?
- What if I become incompetent?
- What is the difference between a Power of Attorney and a Guardianship or Conservatorship?
- My mother has Alzheimers. Can I get a Power of Attorney for her?
To see all the questions and answers, click here.The information in this site is not intended as legal advice.
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