Key Takeaways
- You can revoke a power of attorney at any time, as long as you’re mentally competent.
- Put the revocation in writing, sign it, and ideally notarize it.
- Notify your agent and everyone who relied on the POA, such as banks, doctors and brokers; a revocation they don’t know about may not protect you.
- If the POA was recorded for real estate, record the revocation in the same county.
- Signing a new POA doesn’t always cancel the old one automatically, so revoke the old one expressly.
When people revoke a power of attorney
- The agent is no longer trustworthy, available or able to serve
- A divorce, separation or falling out
- You’ve moved and want documents that fit your new state’s law
- You want to change the scope or switch from a springing to a durable POA
- The task a limited POA was created for is complete
How to revoke a power of attorney
1. Confirm you have capacity
Only the principal can revoke a POA, and only while mentally competent. If you’re concerned your capacity could be questioned, ask your doctor to document it.
2. Write a revocation
A revocation of power of attorney should include:
- Your name and address
- The agent’s name
- The date of the original POA and a description of it
- A clear statement that you revoke it
- Your signature and the date
Notarizing the revocation isn’t always required, but it makes it more credible, and it’s needed if the original POA was recorded.
3. Notify your agent
Deliver a copy of the revocation to your agent, ideally by a method that shows proof of delivery, and ask them to return any copies of the original document.
4. Notify third parties
Send copies to every bank, brokerage, insurance company, doctor or other institution that has the POA on file. Under many states’ laws, a third party that relies on a POA in good faith without knowing it was revoked may be protected, so notifying them matters.
5. Record it, if needed
If the original POA was recorded with a county recorder for a real estate transaction, record the revocation in the same office.
6. Sign a new POA, if you want one
Many people revoke an old POA to replace it. Because a new POA doesn’t always automatically revoke an earlier one, include a statement in the new document revoking prior powers of attorney, or keep the separate revocation.
Ways a power of attorney ends
| Event | Does the POA end? | What to do |
|---|---|---|
| You sign a written revocation | Yes, once the agent and third parties know | Notify everyone and collect copies |
| You sign a new POA | Not always automatically | Revoke the old POA expressly |
| You become incapacitated | Only if it’s not durable | Use a durable POA to avoid this gap |
| You die | Yes, always | Your executor takes over |
| Your spouse-agent and you divorce | In many states, yes | Confirm under your state law and update |
| The stated end date or purpose is reached | Yes | Nothing further, unless you want a new POA |
What if the principal can’t revoke?
If the principal lacks capacity and the agent is misusing their authority, family members can usually ask a court to review the agent’s actions, remove the agent or appoint a guardian or conservator. Suspected financial abuse of an older adult can also be reported to Adult Protective Services.
Frequently asked questions
You should tell them. A revocation is most effective when your agent and the institutions they deal with know about it. Otherwise they may keep acting and third parties may keep honoring the document.
Not always. In many states, a new POA doesn’t automatically revoke a previous one unless it says so. Include revocation language or sign a separate revocation.
It isn’t always required, but notarizing it is recommended, and it’s necessary if the original POA was recorded for real estate.
No. Only the principal can revoke it. If the principal is incapacitated, family members can ask a court to review or remove the agent.
Yes. All powers of attorney end at death, and the executor named in your will takes over.
Keep reading
- Power of Attorney Explained: Types and How to Get OneA plain-English guide to power of attorney: the types (financial, medical, durable, springing), how to choose an agent, and how to sign one correctly.
- Medical Power of Attorney: What It Is and How It WorksA medical power of attorney names someone to make health care decisions if you can't. Learn what your agent can do, when it takes effect and how to choose the right person.
- Durable vs. Springing Power of Attorney: Which Should You Choose?A durable POA lasts through incapacity; a springing POA starts only at incapacity; a regular POA ends at incapacity. Compare the three and learn which most people choose.
- Power of Attorney for an Elderly Parent: A Step-by-Step GuideHow to get power of attorney for an aging parent: the documents to sign, capacity concerns, bank and Social Security quirks, and what to do if it's too late.
Don’t leave your family guessing
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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.