Legal Question in Business Law in California
power of attorney
In the state of california does a revocation of power of attorney have to be filed with the court?
2 Answers from Attorneys
Re: power of attorney
No, at least not for ordinary powers of attorney under ordinary circumstances. A power of attorney can be revoked either (1) by a method or the occurrence of an event specified in the power of attorney itself; or (2) by a writing. The attorney in fact and third persons dealing with the attorney in fact are protected from liability if the act in reliance on the power of attorney without knowledge that it has been revoked, so be sure to notify affected persons.
There may be times, or there may be special kinds of power of attorney, where it may be appropriate to file the revocation in court, e.g., if the existence of the power of attorney had a direct effect on a case pending in that court. There might be such a requirement if the power of attorney had to to with a court's appointment of the attorney in fact.
Finally, if you are asking about an attorney at law's representation of a client in a legal proceeding, that's an entirely different matter. Substitution of an attorney into or out of a role as attorney "of record" in a court proceeding does require notice to the court on a prescribed form, and in some cases requires the court's prior approval.
Re: power of attorney
Neither power of attorney nor revocation thereof should be filed with the court. This document only concerns the parties providing and using the power of attorney and has nothing to do with the court unless of course there is some kind of civil dispute that concerns directly or indirectly that document.
Thanks.
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