Termination Of The Power Of Attorney

Termination Of The Power Of Attorney

When does a Power of Attorney terminate?

 

The authority of any agent under a Power of Attorney automatically ends when one of the following things happens: (1) the principal dies, (2) the principal revokes the Power of Attorney, (3) a court determines that the principal is totally or partially incapacitated and does not specifically provide that the Power of Attorney is to remain in force, (4) the purpose of the Power of Attorney is completed, or (5) the term of the Power of Attorney expires. In any of these instances, the Power of Attorney is terminated. If, after having knowledge of any of these events, a person continues to act as agent, he or she is acting without authority.

 

When does a particular agent’s authority terminate?

 

The authority of an agent under a Power of Attorney automatically ends when one of the following things happens: (1) the agent dies, (2) the agent resigns or is removed by a court, (3) the agent becomes incapacitated, or (4) there is a filing of a petition for dissolution of marriage if the agent is the principal’s spouse, unless the Power of Attorney provides otherwise.

 

What is the procedure for a principal to revoke a Power of Attorney?

 

The revocation must be in writing and may be done by a subsequent Power of Attorney. Notice should be served on the agent and any other party who might rely on the power. The notice should be served either by any form of mail that requires a signed receipt or by certain approved methods of personal delivery. Special rules exist for serving notice of revocation on banks and other financial institutions. Consult with your lawyer to be sure proper procedures are followed.

By | 2018-01-31T21:07:57+00:00 January 31st, 2018|

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