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If a person drafts, signs and has notarized a Revocation of POA, does the Agent have to sign it? Can it be enforced without the Agent's signature.

2007-01-11 09:27:56 · 2 answers · asked by jea_ken 1 in Politics & Government Law & Ethics

2 answers

No. The agent is not involved in either the assignment or the recovation. The person who grants has complete power. He or she can give and take away without your consent. Of course, if they give and you are not interested you simply never act as Agent on their behalf.

Hope this helps. I have been through some heartache on this, and it's no fun. If someone needs help, gives it to you, and then another party with sinister intentions talks them into dropping you -- you have no recourse. The law is very skeptical about stripping someone of their right of self-determination. It's probably a good thing, but it's frustrating for Agent's of POAs.

2007-01-11 09:40:37 · answer #1 · answered by Murphy 3 · 0 0

A power of attorney comes in two types, which are durable
and limited. If the POA in question is durable, or irrevocable, then ending it becomes difficult, but still possible. This is because most durable irrevocable POA's come into being when the maker is of limited competence, and the attorney in fact is actually more of a conservator in terms of the power that they exercise. Now, a revocation, just like the POA itself has certain criteria that have to be met. First, the maker must be competent mentally to understand what they are doing, there must be intent to terminate the POA, and finally there must be actual or constructive notice to the attorney that the POA is being terminated. The time, content and the type of notice required are
usually set forth in the terms of the document, but if they are not, what the law generally allows is a period of five working days.

2007-01-11 09:44:00 · answer #2 · answered by Jeffrey V 4 · 2 0

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