If for any reason you become unhappy with the person you’ve appointed to make decisions for you under a durable power of attorney; you can revoke the power of attorney at any time. But you must take a few steps to ensure that the document is properly revoked.
First, you should put the revocation in writing. This revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney. You should also specify the date the original power of attorney was executed and the person who was selected as your agent. Sign the document and send it to your current agent, as well as to any institutions or agencies that have a copy of the power of attorney. If you want to have proof of the fact these entities received your revocation – send it certified mail, return receipt requested. If you’re executing a new power of attorney at the same time, you should attach it.
You will also need to secure the old power of attorney back from your agent if he or she holds the original document. If you can’t get it back, send the agent a certified letter stating that the power of attorney has been revoked. Because a durable power of attorney is arguably the most important estate planning instrument, if you revoke one, it is important to have a new one in place. Your elder law attorney can assist you in revoking an old power of attorney and drafting a new one.
Gina MacDonald is a lawyer whose practice is concentrated in the areas of Estate Planning, Probate, Trust Creation and Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 27013 Langside Avenue, Suite A in Santa Clarita, California. For more information she can be reached at 661-251-1300.