Revoking an Enduring Power of Attorney

Powers of Attorney are Revocable by a Competent Principal

• A Competent Principal May Revoke a Power of Attorney Any Time
  
  All powers of attorney are revocable, so long as the principal is of sound mind and legally competent at the time of revocation. Once the principal is no longer of sound mind and legally competent, an ordinary power of attorney will be considered terminated. Enduring, or durable, powers of attorney, go into effect when the principal becomes incompetent. The law only allows enduring powers of attorney for limited purposes, such as for making health care decisions when the principal is no longer able to communicate his or her intentions. Once the enduring power of attorney is in effect, full legal powers are accorded to the named agent as stated in the durable power of attorney. If this has occurred, then only the named agent, or an explicit court order, can revoke or alter the terms of the enduring power of attorney.
  
  

Revocation Should Be In Writing

• Revocations Should be Signed with the Same Formality as the Original Document
  
  A legally competent principal can revoke an enduring power of attorney at any time. That revocation should be in writing. The principal should prepare a simple statement, which includes his or her name, the date, a statement that he or she is of sound mind, the date of the original power of attorney and a statement that it is hereby revoked, and the name of the agents. The principal does not need to include any statement of reasons for the revocation, but may do so if he or she so desires. The principal should then sign the statement of revocation with the same formalities as he or she signed the original Power of Attorney, such as with witnesses or a notary seal.
  
  

Communicate the Revocation

• Ensure the Principal's Attorney and Relatives Know About the Revocation
  
  The most important step in revoking an enduring power of attorney is to communicate the revocation to anyone who is aware of, or may have a copy of, the revoked power of attorney. This includes the agent and potentially the principal's doctor or primary hospital, attorney, probate or family court, or relatives who attend to the principal's legal and financial affairs. Stapling a copy of the revocation to the top of the former power of attorney in a clearly-labeled file with the principal's other important papers, such as health insurance policies, can be helpful in ensuring the principal's wishes are carried out accurately.
  
  

Revocation by Expiration Date

• Powers of attorney can be designed to expire on a stated date, making later revocation unnecessary. This technique is most appropriate for a younger or otherwise healthy person facing surgery or an extended trip or military service abroad. Executing a power of attorney in such circumstances protects the principal's interests, while including an expiration date makes it unnecessary for the principal to remember to revoke or change the power of attorney when facing different life circumstances in later years.