How to Overturn a Durable Power of Attorney
A power of attorney (POA) is a legal agreement with another party that he or she may act on your behalf in certain or all matters. A durable POA is one that goes into effect in the event that you become mentally incompetent and only lasts as long as you are considered so.
Most power of attorney agreements are made with the idea that they remain so indefinitely. However, if you are in the position where you must revoke or overturn your durable power of attorney, you must follow certain legal procedures to make it so.
3 Steps to Overturn a Durable Power of Attorney
1. Notify your durable POA holder that you are removing power of attorney from him or her.
You do not legally have to provide the reason. Even if you tell the individual in person or over the phone, you must send a certified letter to the durable POA holder.
The letter will serve as documentation that the individual was notified and evidence for civil and criminal proceedings if he or she continues to try to use the durable POA.
2. Draw up a legal POA revocation document with the help of a legal representative.
It will essentially say that the previous durable POA is invalid. It should be witnessed and notarized. You do not necessary need a lawyer for a POA revocation document. You can also use a fill-in-the-blank form, but it still must be notarized. You can notarize most documents at your local bank for little or no charge.
3. Notify all interested third parties, including your doctors and your banking institutions.
It may also be a good idea to notify relatives of what you are doing so that they are aware of the change. Provide all interested parties with a copy of the POA revocation document for their records.
Tips and Warnings
If you attempt to revoke a durable POA while you are consider mental incompetent, the POA holder can contest it in a civil court. You may have to provide evidence from your doctors that you are mental competent enough to decide that your POA holder is no longer needed.
If you attempt to revoke a durable POA while you are consider mental incompetent, the POA holder can contest it in a civil court. You may have to provide evidence from your doctors that you are mental competent enough to decide that your POA holder is no longer needed.
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