Powers of Attorney

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:

To see all the questions and answers, click here.

The information in this site is not intended as legal advice.
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assisted "Lisa" who is a disabled lady on Supplemental Security Insurance (SSI); wheelchair-bound and on oxygen 24/7.  "Lisa" received a $42,000 settlement last fall, paid as a result of a death from cancer.  "Lisa" reported the settlement to the Social Security Administration (SSA) as required, but she didn’t understand the rules regarding disposing of a resource.  "Lisa" spent the majority of the money wisely, as required—she bought herself a home to live in, prepaid some expenses for a year, bought some furniture, bought a freezer, filled it with food, etc.  Unfortunately, she also gave approximately $13,000 away to various family members for one reason or another. 

 

As a result, she incurred an SSI overpayment for the months she was over the resource limit of $2,000.  Utah Legal Services was able to get the overpayment waived, but then the really bad news—SSA sanctioned her for giving away part of her resources.  She was terminated from SSI for 19 months.  Of course, she also had no money left from her settlement.  This would have been an extremely harsh blow to her, since she has no other income, is disabled, and relies on oxygen and multiple medications to sustain her life.  ULS called SSA and pointed out their provision in statute which allows an “out” for undue hardship.  Within 30 minutes, ULS received a call from SSA letting us know that "Lisa" would receive the two months’ benefits that had been withheld already, and her benefits would start again immediately.