How to Remove Power of Attorney from Someone? Step-by-Step Legal Guide
To legally revoke a Power of Attorney (POA), the principal must execute a written and notarized revocation document, notify the attorney-in-fact and all relevant institutions, and—if needed—appoint a replacement. The agent’s consent is not required, but the revocation must be valid under state law, properly delivered, and supported with official documentation to ensure legal termination of their authority.
Table of Contents
Understanding Power of Attorney Revocation
A Power of Attorney is a legal document that authorizes an agent (also known as the attorney-in-fact) to act on behalf of the principal in personal, financial, or medical matters. However, this delegation of authority is not permanent—most POAs are revocable.
Common Reasons to Revoke a Power of Attorney
- Agent misconduct, mismanagement, or abuse of authority
- Changes in personal relationships (e.g., divorce or loss of trust)
- Principal’s updated preferences or the need to appoint a more trusted representative
- Suspected fraud or misuse of the document
Step 1: Confirm the Principal’s Legal Capacity
Before initiating revocation, it’s essential that the principal demonstrates legal capacity—meaning they understand the nature and consequences of their actions.
- Mental Competence: A doctor’s assessment may be needed if there’s a dispute over the principal’s capacity.
- Voluntary Action: Revocation must not be coerced.
Note: If the principal lacks capacity, a court proceeding may be required. A family member may need to consult a lawyer to pursue legal guardianship and formally revoke the POA through court.
Step 2: Draft a Formal Revocation of Power of Attorney
A valid and binding revocation requires a written and notarized document that clearly identifies the POA being rescinded.
What to Include in the Revocation Form:
- Principal’s full name and address
- Agent’s full name
- Date of the original POA
- A specific statement revoking the authority
- Signature of the principal
- Notarization, as required by state law
- Optional: Witness signatures (some states mandate this)
Example Statement:
“I, [Your Name], residing at [Your Address], hereby revoke the Power of Attorney executed on [Date] appointing [Agent’s Name] as my attorney-in-fact. This revocation is effective immediately.”
Sample Template:
“I, [Your Name], declare this document to serve as official notice of revocation of the Power of Attorney granted to [Agent’s Name] on [Date]. All powers previously granted are hereby rescinded.
Signed: [Principal’s Signature]
Date: [MM/DD/YYYY]
Notarized: [Notary’s Signature and Stamp]”
Step 3: Notify the Agent (Attorney-in-Fact)
The principal must formally notify the agent of the termination of their role.
- Deliver the revocation letter via certified mail with return receipt.
- Explicitly state the agent’s authority has been terminated.
Why It Matters:
An agent who continues to act under a revoked POA may face serious legal consequences, including criminal charges for fraud or unauthorized transactions.
Step 4: Notify All Relevant Third Parties
The legal process of revocation does not end with notifying the agent. It’s critical to issue notice to any third party relying on the original POA, including:
- Banks and other financial institutions
- Healthcare providers and hospitals
- Real estate agents and title companies
- Government entities such as the IRS and Social Security Administration
What to Provide:
- A copy of the revocation document
- A new Power of Attorney form, if a new agent is appointed
Related article for you:
How to Get Power of Attorney for Elderly Parent in New Jersey (NJ)
Step 5: File the Revocation with the County (If Applicable)
If the original POA was filed with a county recorder or court (often required for real estate or durable POAs), the revocation must also be officially filed in that jurisdiction to ensure public records reflect the change.
Step 6: Appoint a New Agent (Optional but Recommended)
To maintain uninterrupted decision-making authority, the principal may choose to appoint a new, trusted agent.
- Complete a new Power of Attorney form
- Follow all legal formalities: notarization, witness signatures (if required), and proper state-specific language
- Distribute the new document to all relevant institutions
What If the Agent Ignores the Revocation?
Steps You Can Take:
- Notify Institutions: Send copies of the revocation to banks or agencies the agent may approach.
- File a Police Report: If the agent continues to act without valid authority, report it as fraud or elder abuse.
- Pursue Civil Litigation: A lawyer can help file a lawsuit to recover funds or property misused by the former agent.
Real-Life Case:
In Estate of Miller v. Carter (Ohio, 2022), a revoked attorney-in-fact withdrew $30,000 after being served notice of termination. The court validated the revocation and ordered repayment, alongside criminal charges for theft.
State-Specific POA Revocation Requirements
| State | Revocation Rules |
| California | Notarized, specific statutory form required (CA Probate Code §4151) |
| Texas | Written revocation, must notify agent; notarization highly recommended (TX Estates Code §751.132) |
| Florida | File revocation with county recorder if original POA was recorded (FL Statute §709.2110) |
| New York | Oral revocation allowed but must be backed by written proof to be enforceable (NY Gen Oblig Law §5-1511) |
Common Mistakes to Avoid
- Verbal Revocations: Without written documentation, revocations are not enforceable in most states.
- Not Notifying Institutions: Failure to alert banks or healthcare providers leaves the agent’s authority intact.
- Improper Execution: Missing signatures, notarization, or required witness validation renders the revocation invalid.
Quote from an Elder Law Attorney:
“A revocation isn’t done until every bank, doctor, and agency knows about it. Paperwork is your armor against rogue agents.”
— Emily Carter, Elder Law Expert (Forbes, 2023)
Revoking an Irrevocable POA
Although most POAs are revocable, some are labeled “irrevocable” due to financial agreements or contractual obligations. These require:
- Court intervention to prove fraud, duress, or breach of fiduciary duty
- Consent from the agent, particularly if the POA is tied to a secured transaction
FAQs About Revoking a Power of Attorney
How do I legally revoke a Power of Attorney?
Draft a written revocation, sign and notarize it, and notify the agent and relevant third parties.
Do I need a lawyer to remove someone’s Power of Attorney?
No, but consulting a lawyer can help avoid mistakes, especially in complex cases.
Can a Power of Attorney be revoked at any time?
Yes, as long as the principal is mentally competent.
What is the process to notify the agent?
Send a signed, dated revocation letter by certified mail with return receipt.
Is notarization required to revoke POA?
Usually yes; many states require notarization for a valid revocation.
Can a court remove someone from Power of Attorney?
Yes, if the principal is incapacitated or the agent is acting improperly.
What happens after revoking a Power of Attorney?
The agent’s authority terminates, and institutions must be informed to block further action.
How do state laws affect POA revocation?
Each state sets specific rules for revocation formality, notarization, and filing.
Key Takeaways
- Principal revokes Power of Attorney using a notarized written form.
- Agent loses authority immediately upon notice.
- Lawyer may assist in complex or contested cases.
- Court validates revocation when disputes arise.
- State law governs the legal process and required documentation.
Checklist: Removing a Power of Attorney
☑ Confirm the principal has mental capacity
☑ Draft and notarize a revocation letter
☑ Send certified notice to the agent
☑ Notify banks, doctors, and relevant third parties
☑ File with county court if original POA was recorded
☑ Create and distribute a new POA (if desired)
Need Help?
- Legal Aid Organizations – Offer free or low-cost assistance
- State Bar Associations – Help find a qualified estate or elder law attorney
- Online Legal Services – Many offer downloadable POA revocation forms