How to Void a Power of Attorney

by Marie Murdock
A divorce may automatically terminate powers given to a spouse.

A divorce may automatically terminate powers given to a spouse.

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A general, durable power of attorney gives broad and sweeping powers to an attorney-in-fact, who is someone you appoint to act on your behalf. As a rule, this type of power of attorney should only be given to someone in whom you place absolute faith and trust. For various reasons, whether due to a loss of trust, disability or death of your attorney-in-fact, or his desire to no longer serve, you may need to revoke your power of attorney.

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Step 1

Prepare or have your attorney-in-fact prepare a notice of revocation of power of attorney. The notice should state that you are revoking the power of attorney and name the attorney-in-fact, the date and recording data or any other information to identify the power of attorney that is being revoked. The notice should be notarized and or witnessed according to the requirements of your state.

Step 2

Record the notice of revocation in the real property records in the county where you own property to put the public on notice that your former attorney-in-fact may no longer act on your behalf in real estate transactions. Any title search of property in your name should reveal the revocation so that attorneys and title companies who perform a search of the records become aware of this fact.

Step 3

Serve notice on all financial or other institutions and other parties with which you transact business by mailing a letter, certified mail, return receipt requested, enclosing the notice of revocation to inform these parties that the power of attorney is no longer in force. Alternatively, you may hand deliver the notice, but you should be diligent in acquiring the signature of an authorized representative of the institution acknowledging receipt of the notice.

Step 4

Deliver a copy of the notice to your attorney-in-fact. He may be in agreement and aware of the revocation, but even so, he will need a copy for his records. If there is animosity between the two of you, his notice should also be mailed certified mail, return receipt requested or served in some other legal manner.