Founding Attorney
If you previously created a power of attorney, it’s important to review it regularly to make sure it still serves your best interests. In some cases, it might be necessary to revoke a power of attorney to suit your present circumstances. Here’s what you need to know about revoking a power of attorney in Texas.
What Is a Power of Attorney?
A power of attorney (POA) is a legal document that lets one person (the “principal”) give another person (the “agent” or “attorney-in-fact”) the power to make decisions on their behalf. These decisions can relate to financial matters, health care, or even everyday tasks like paying bills.
There are many different types of POAs. Some grant the agent broad powers, while others limit the agent to specific actions. The purpose of a POA is to ensure that someone the principal trusts is legally able to manage their affairs when necessary.
How Long Does a Power of Attorney Last?
The length of time a POA lasts depends on what type of POA it is. A “durable” POA remains in effect even if the principal becomes unable to make their own decisions due to health issues. This means the agent can keep making decisions for as long as the POA states unless the principal decides to end it sooner.
A “non-durable” POA ends if the principal becomes incapacitated. This type of POA is often used for specific tasks, like handling affairs while the principal is out of the country. Once the task is complete or if the principal can’t make decisions anymore, the non-durable POA automatically stops.
Why You Might Want to Revoke a Power of Attorney
Revoking a POA is a significant decision that could be appropriate in various situations. Here are some common reasons why someone might want to revoke a POA:
- Loss of Trust: If the principal starts to doubt the agent’s honesty or ability to make good decisions, they might choose to revoke the POA.
- Changes in Relationships: Relationships can change over time. If the principal and the agent have a falling out or their relationship deteriorates, the principal might revoke the POA.
- Agent’s Inability to Serve: If the agent becomes unable to fulfill their duties due to illness, relocation, or death, the principal might revoke the current POA and appoint a new agent.
- Changes in the Principal’s Wishes: The principal’s preferences and needs might evolve, prompting a desire to change the scope of the agent’s authority or appoint a different agent.
- Completion of Tasks: If the POA was for a specific task, such as handling financial transactions while the principal is abroad, the principal might revoke it once the agent completes the task.
How to Revoke a Power of Attorney in Texas
Revoking a POA in Texas requires you to follow specific steps to make sure the revocation is legal and effective. Here’s how you can do it:
- Write a Revocation Document: First, you’ll need to work with a knowledgeable lawyer to create a written document that clearly states you are revoking the POA. Include your name, the date the original POA was signed, and a statement saying you are withdrawing the powers granted to your agent. Sign and date this revocation notice.
- Notify Your Agent: Next, tell the person who was acting as your agent that you have revoked their authority. It’s best to do this in writing and keep a copy for your records.
- Inform Others: Share the revocation document with any institutions or individuals who were aware of the original POA, like banks, doctors, or other lawyers. This step is key because it lets everyone know that the agent can no longer act on your behalf.
- Record the Revocation: If you filed the original POA with a county clerk’s office, you should also file the revocation document there. This makes the revocation part of the public record.
- Consider a New POA: If you still need someone to act for you, think about creating a new POA that meets your current needs and preferences with your attorney’s help.
Contact a Power of Attorney Lawyer Now
Still have questions about revoking a power of attorney in Texas? The Law Office of Carey Thompson P.C. is here to help. Contact us today for an initial consultation and find out how we can assist you in making the right legal decisions for your situation.