How to revoke a power of attorney?

Question

Can anyone please advise how should one (donor) revoked a power of attorney?

30 years ago before I went to study overseas, I was told by my sister, a lawyer, to sign a power of attorney, empowering my brother to handle my affairs in my absence. Upon my returned, I have asked for the return of the power of attorney. However, I was informed by her that it has been lost. I now feel insecure because I wasn't given a copy of the power of attorney and I do not remember clearly what I have signed. If I remember correctly, the power of attorney was phrased like a durable power of attorney.

I wish to revoked that power of attorney. Can anyone please advise how should I do it.

Answer 1

A power of attorney can be revoked with a revocation of a power of attorney (separate document). This revocation should be acknowledged in the presence of a notary public. If the prior power of attorney had been recorded of record in the courthouse, the revocation should also be recorded. Copies of the revocation should be given to any financial institution which had received the power of attorney.

Most financial institutions will not honor an old power of attorney.

Banks typically will honor a new power of attorney, and if a power of attorney has some age on it, they may require proof of the continuance of a power of attorney. In Pennsylvania, this was added to the law by Act No. 39 of 1999, 20 Consolidated Pennsylvania Statutes, § 5606, Proof of Continuance of Powers of Attorney by Affidavit. For copy of Pennsylvania law, click here: http://members.aol.com/DKM1/20.Cp.56.html

Answer 2

One thing you should never do is go to a family member for legal advice. Same as with doctors. Too close to the issue. Speak to another attorney in your area. A new POA should override the original. But check with an attorney who is not your sister first.

Answer 3

You simply write out something like this:

I hereby revoke the Power of Attorney given to _______________ on __________date____________ .;


Then sign it, have 2 witnesses sign it, and you must send it to the person who has the POA. I'd mail it with signature required. If you don't send it to them, then they can still legally use it since they don't KNOW you've revoked it.

A sample text revoking POA is at https://www.rocketlawyer.com/document/revocation-of-power-of-attorney.rl and at many other places on the net for free.

Answer 4

No problem. Simply contact a different attorney, they will be able to straighten everything out to your satisfaction.

Answer 5

Most POA's have an expiration date. Without the actual paperwork, I believe the POA would be null and void anyway. Your brother couldn't prove he has a POA if he doesn't possess the paperwork.

Answer 6

go back to a attorney and revoke it