A power of attorney gives one person -- the agent or attorney in fact -- the legal authority to perform duties for someone else, commonly called the principal. What the attorney in fact is allowed to do depends on the power of attorney's provisions, but his duties may include giving gifts and signing real estate papers for the principal. A power of attorney is typically filed in the land records of a county where the agent used his authority for a transaction. Once the power of attorney is ended, or revoked, the revocation paper must be filed in the county land records.
Ask the principal which counties the power of attorney was filed in. Make a list of all the counties. If the principal is uncertain, include all counties he may have conducted business in.
Prepare an original revocation form for each county you must file in. Use the original revocation form as a guide. Have the principal sign and date the revocation forms and get her signature notarized. Notify the agent of the revocation. Get all copies he may have of the Power of Attorney.
Bring the revocation to each county office that maintains the land records, typically, either the county clerk or county recorder's office. Ask the clerk to look up the filed power of attorney and provide you with the instrument number that identifies the document in the record keeping system. Write the number on the revocation and file it. A fee may apply, but it varies by state and county. Ask for a certified copy. Repeat the same steps for each county on your list.
Tips & Warnings
- Send copies of the revocation to the principal's banks and other institutions where the power of attorney may have been used. Often they will keep a copy of the POA on file for a certain period of time for convenience. It is important, therefore, to let them know the power has been revoked.
References & Resources
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