A durable power of attorney can be revoked at any time. There are several measures that should be taken to ensure the old power of attorney document is no longer valid.
First, a new durable power of attorney document should be executed. Within this new document, language should be included that states the old powers of attorney are revoked. A revocation statement should be added that includes the name of the person who needs the power of attorney, an affirmation that this person is of sound mind, and a declaration of the person’s wish to revoke the power of attorney. The language should also include the date of execution of the new power of attorney and the name of the agent.
After executing the new document, a copy should be provided to anyone with a prior power of attorney. If possible, the prior power of attorney document should be retrieved.
A revocation statement separate from your new power of attorney document is advisable, and the named agent should receive a copy of this revocation statement via certified mail.
Keeping your estate planning documents current is very important. An elder law attorney is equipped with the knowledge necessary to assist you with revoking a power of attorney or reviewing your current estate planning.
