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- 1). Tell your Attorney-in-Fact you have selected another person to act as your Attorney-in-Fact. Ask him to return his copy of your Durable Power of Attorney and destroy any copies made.
- 2). Put your revocation in writing. A document stating that you have revoked the Durable Power of Attorney protects you and your interests. This document may be purchased online, or you may want to consult an attorney.
- 3). Use an online legal service if you want to save money on attorney's fees. Make sure you choose a reputable online service. Check with the Better Business Bureau to see if there have been any complaints against it.
- 4). Consult an attorney if you feel more comfortable. After the proper documents have been filled out, an attorney will send a letter to the agent of the Revocation of Power of Attorney. This is an example of an actual letter of revocation sent to an agent:
RE: Revocation of Power of Attorney
Dear Mrs.______
This letter is to advise that Mrs.____________has recorded a Revocation of Power of Attorney wherein you were named as her Attorney-in-Fact. The revocation was recorded by the _______County Court Clerk on (date) in Deed Book 3917, Page 223.
Very Truly Yours,
Attorney's Name - 5). Give your Attorney-in-Fact only those powers that you wish. For example he may:
Pay for support and care
Borrow money
Take care of banking transactions
Deal with property
Handle legal claims
Prepare and file tax returns
Handle medical decisions - 6). Understand that you can choose when a power of attorney ends.
A power of attorney will also end if a court invalidates your document. This can happen if you were a victim of fraud.
According to legalzoom.com, if your spouse is your agent, the power of attorney is automatically terminated if you get a divorce in the following states: Alabama, California, Colorado, Illinois, Indiana, Minnesota, Missouri, Pennsylvania, Texas and Wisconsin.
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