Legal Question in Real Estate Law in California

If I have power of attorney from my sister. Can she revoke it without my knowledge?


Asked on 9/29/09, 12:56 pm

2 Answers from Attorneys

Yes she can, though she runs the risk of you engaging in transactions that she will still be bound by, if you don't know and the other party doesn't know she revoked it. So it's very foolish to revoke a power of attorney and not let the holder know.

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Answered on 9/29/09, 2:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm not sure the previous answer is correct. The Probate Code covers powers of attorney in California, and at Section 4153 it says (in relevant part): "(a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows:

"(1) In accordance with the terms of the power of attorney.

"(2) Where the principal informs the attorney-in-fact orally or in writing that the attorney-in-fact's authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney.

"(3) Where the principal's legal representative, with approval of the court as provided in Section 4206, informs the attorney-in-fact in writing that the attorney-in-fact's authority is revoked or under what circumstances it is revoked.........."

A power of attorney can also be revoked by the principal's conduct that is inconsistent with continuance of the power of attorney, e.g., by selling property himself rather than allowing the attorney-in-fact to continue to have the opportunity to sell it. Divorce or separation from a spouse who holds your power of attorney also acts to revoke it, per statute.

Death of the principal terminates most authority under a power of attorney.

See also Probate Code 4151 regarding revocation of the entire power of attorney (as contrasted with revocation of the authority of the attorney in fact) and 4152 listing other factors terminating an attorney-in-fact's authority.

I don't see a word in the law allowing a power of attorney to be revoked without any notice, but of course if the power of attorney contained language specifically authorizing this, that would bring it within 4153(a)(1), above. The usual statutory power of attorney forms do not seem to have such a provision (for revocation without notice) although yours may. Other sections of the Probate Code protect an attorney-in-fact from liability for consequences of acting in good-faith reliance on a power of attorney, thinking it to be valid when in fact it had been revoked, terminated or limited in some way.

I would conclude that in most cases the principal needs to notify the attorney-in-fact of revocation of authority.

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Answered on 9/29/09, 6:08 pm


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