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Powers of Attorney

Legal Planning

Powers of Attorney

How does a Power of Attorney end?

First, you can put a specific ending date on the form itself.

Second, if you are mentally competent, you can revoke it at any time by stating in writing that you revoke the Power of Attorney and sign and date this in front of a notary. This revocation must then be provided to any person, office, bank, or agency that dealt with the Attorney-in-Fact regarding your property or finances. It is not enough to just create a new Power of Attorney, you must specifically revoke the old one. The revocation is not effective until the Attorney-in-Fact receives notice of the revocation. If the Principal lacks the capacity to revoke the document, then a court proceeding appointing a guardian or conservator would need to take place and then the guardian or conservator would need to revoke the Power of Attorney.

Third, the Power of Attorney automatically terminates when the Principal dies, upon divorce if given to the Principal’s spouse, or if there is no one named in the document who is willing or able to serve as the Attorney-in-Fact.