How to Revoke a Power of Attorney and Tell the Right People

A person with capacity can usually revoke a power of attorney at any time. The key step is telling the agent and every institution that has a copy, so the old document stops being used.

Basic steps

1. Prepare a written revocation that names the original power of attorney and agent.
2. Sign it as your state requires, often before a notary.
3. Deliver it to the agent in a way you can prove.
4. Send copies to banks, advisors, doctors and anyone relying on the document.
5. Record it if the original was recorded, such as for real estate.

Why notice matters

A bank or third party that does not know about the revocation may keep honoring the old document. Getting written confirmation that they have received it protects you.

Special situations

• A durable power of attorney may end at death or when a court orders it.
• A spouse named as agent may lose authority on divorce in some states.
• If the agent is misusing funds, contact a lawyer, and possibly adult protective services or the police.
• If you lack capacity, a court may need to act.

Make a new one if needed

Many people revoke because they want a different agent. Sign a new document at the same time so there is no gap. See our guides to power of attorney types.

When you may revoke and when you cannot

A principal who still has capacity can usually revoke a power of attorney at any time. If the principal has lost capacity, revocation is often not possible, and a court may have to step in. Some documents are designed to be irrevocable for specific purposes, such as a power coupled with an interest, but these are unusual and technical. Ask a lawyer if the document says it cannot be revoked.

A revocation checklist

1. Prepare a written revocation naming you, the agent and the original document by date.
2. Sign and notarize it, even if your state does not strictly require it, so institutions accept it.
3. Deliver it to the agent by a trackable method.
4. Send copies to banks, brokers, insurers, doctors and anyone who received the original.
5. Record it with the county if the original was recorded for real estate.
6. Ask each institution to confirm in writing that it has noted the revocation.
7. Destroy or collect old copies where possible.

Replacing the document

If you want a different agent, sign a new power of attorney at the same time. Many new documents state that they revoke earlier ones, which helps. Make sure the new document meets your state's signing requirements and give copies to the relevant institutions.

If the agent is abusing authority

• Revoke immediately if you can.
• Notify banks and freeze accounts if possible.
• Document suspicious transactions.
• Contact adult protective services or the police if exploitation is suspected.
• Consult a lawyer about recovering assets and seeking an accounting.
• See our guide to elder financial abuse.

Special cases

• Divorce can end a spouse's authority automatically in many states.
• The agent's death or resignation may end authority unless a successor is named.
• Health care powers have separate revocation rules, often allowing oral revocation to a provider.
• A new durable power of attorney may revoke older ones depending on language.

Terms to know

• Revocation: cancelling the agent's authority.
• Successor agent: a backup agent.
• Capacity: mental ability to make decisions.
• Recording: filing a document with a county office.
• Notice: informing institutions of the revocation.
• Guardianship: court-appointed decision-making authority.

Scenarios

1. A parent names a child as agent, then names another. She signs a revocation and a new power and sends both to the bank.
2. A person discovers an agent is misusing funds and revokes the authority and freezes accounts.
3. A person revokes a limited power of attorney after a closing is done.

Frequently asked questions