A power of attorney is probably one of the most commonly used legal documents.
You probably have one or two right now, or you’re considering getting one done but still unsure of the details.
While getting one can prove handy, especially during emergencies, we understand why some people can still get wary of getting one made.
After all, it is a common misconception that getting a POA can place you in a lower place of control.
We seek to clarify these things out for you so that you can get a POA done with confidence and peace of mind.
We’ll define what a POA is, what it entails, and how to revoke power of attorney.
We’ll also talk about the online legal service platform, U.S. Legal Wills, where you can get one.
What a Power of Attorney (POA) Is
In a nutshell, a power of attorney is a legal document that allows you to designate a person or entity to handle your personal affairs should you become unable to do so.
Not all POAs are created the same, though. There are different types, and each provides a certain degree of power to the appointed person, referred to as an attorney-in-fact.
This power can then be clearly defined according to how a power of attorney is worded.
What Are the Different Types of POA?
POA can be divided into four categories, namely:
- General Power of Attorney
The first type of POA is the general one. It is made to appoint an attorney-in-fact to perform personal tasks such as making financial transactions, getting insurance, operating your business, and managing your employees.
This is a good choice if you will be out of the country for a while and need someone to handle your affairs during your absence.
- Special Power of Attorney
A special POA goes a step further than a general one.
It grants your attorney-in-fact the power to sell properties, manage your assets, collect debt payments, and more.
This is an option to consider if you fear that you might not be able to handle your personal affairs permanently or for a prolonged period of time, such as if you’re migrating to another country or terminally ill.
- Healthcare Power of Attorney
A power of attorney can go beyond just handling your assets and related financial and business transactions.
It can also be granted to give someone the authority to make health decisions for you should you become unable to do so.
For instance, do you prefer to be kept on life support if you ever get into a coma?
Are you in favor of keeping your life unnecessarily prolonged with a slim chance of survival, even if it means risking medical bankruptcy?
These are hard decisions to force your loved ones to make. Fortunately, you can still get your will enacted through a healthcare POA.
This will only get activated if you have somehow fallen to an unconscious state that not even medical professionals know when or if you will wake up.
- Durable Power of Attorney
Here’s a question: what if something unexpected happens that can significantly question a POA that’s in effect?
You can get a durability provision for any of the POA types mentioned above to bolster its efficiency and validity further.
Since it is more potent than the previous POAs, we suggest naming a doctor whom you completely trust to certify your competencyーor, better yet, require two medical professionals to agree on your mental capacity before this POA takes effect.
Why Should You Get a Power of Attorney?
As you might have noticed already, there are different ways that a POA can be used.
That’s because, as mentioned, there are different types of POAs.
- Debilitating Health
The most common reason people get a power of attorney is to make sure that their affairs and assets remain intact in case they are unable to do so due to aging or a health issue.
It is important to take note, though, that a POA won’t activate if you’re still fully mentally capable of making decisions.
This means that even if you become mobility challenged or permanently bedridden, as long as you can think clearly and express yourself, a power of attorney won’t hold.
It will only take effect if you no longer can do either, such as in the state of senility, dementia, or a coma.
- Frequent Travels
Young travelers who frequently find themselves abroad may want someone else to handle their affairs back home for them during their absence, especially for those who don’t have a spouse.
- Migration
The same applies to those who transfer to another country or work abroad but still have assets left back at home, or more specifically, their country of origin.
- Incapacitation
Finally, it is not uncommon for those on duty to have a power of attorney ready in case they end up incapacitated during service.
Reasons to Revoke a Power of Attorney
We understand, though, that things sometimes don’t go as planned.
Suppose something unexpected happens only this time you’d want the POA revoked instead of strengthening its validity as previously discussed.
Fortunately, the process of revocation of power of attorney can be easy. To further help you make this critical decision, here are other reasons why POAs get revoked:
Change of Mind
You can get a POA revoked anytime you’ve changed your mind. It’s not binding and permanent.
You can even get it canceled if you have decided that you don’t need it anymore.
A Shift in Relationship Ties
Some people get their POA revoked due to a shift in relationship ties, such as when a divorce happens or you have suddenly found out that your attorney-in-fact is not as trustworthy as you have previously believed.
Hindrances
Finally, you can also choose to revoke your POA if your attorney-in-fact suddenly gets incapable of handling your affairs anymore, such as in the case of migration, sickness, or death.
Don’t be limited to the reasons we have shared above. If you feel that a POA doesn’t work for your interest anymore, then feel free to void it.
The only requirement in revoking a POA is mental clarity. The question now is how to do so.
How to Revoke Power of Attorney
Here are three different ways on how to rescind power of attorney:
- In Writing
The most popular way of revoking a power of attorney is to create a written revocation.
It is a document stating that you wish to revoke the specific POA that you want to void.
You must then get the document notarized and give a copy to everyone who received the previous POA.
This also includes any institutions or organizations such as the county clerk if you’ve given them a copy of the previous POA.
- Destroy the Only Copy
What if you didn’t give a copy to anyone? Then that’s good news!
You only need to destroy the only copy to revoke it.
- Create a New POA
Finally, you can always create a new one and state that this is the updated POA, and it revokes the previous version.
This is also the best option in revoking a power of attorney if you want to make any changes to your original POA.
Do You Need a Lawyer to Revoke Power of Attorney?
Having said that, a lawyer is not always needed in the revocation of power of attorney.
Can You Verbally Revoke a Power of Attorney?
This also means that while there are different ways how to rescind power of attorney, revoking it verbally is still simply not among them unless that option was specifically stated on your document.
This is very rarely done, though. In the end, the best method still remains to be a written revocation.
U.S. Legal Wills
We acknowledge that this article won’t be enough to answer all your queries regarding POAs and revocations.
Fortunately, there are online legal platforms like U.S. Legal Wills that can help you create POAs and other legal documents for you.
Their process takes less than an hour, and they can answer any of your queries further.
How Do I Cancel My Power of Attorney: A Sum Up
It can be hard to admit, but the truth is, we are not always as capable as we want to be—humans age. We get sick.
We are not always present to attend to things.
This is the reason why documents like POAs were created in order to make our will, our intentions, and our voice count.
On the other hand, these documents are not permanent or binding as well. You can also revoke them when needed, and there are different ways on how to revoke power of attorney.
You can state it in writing and provide the parties that received the copy of your POA a copy of this written revocation.
Another method is to destroy the document. This is only effective if you didn’t provide anyone a copy, though.
Finally, just create a new one and state there that it cancels out the previous POA.
There are also companies like U.S. Legal Wills that can assist you in all your POA needs from the comforts of your own home.
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