Legal Question in Wills and Trusts in California

Question about recovation of power of attorney:

1. Does it have to be notarized?

2. How is it served?

3. Does the grantor have to notify the grantee of the revocation or should he?


Asked on 12/14/11, 3:07 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The grantor can just verbally tell the person appointed that they no longer have the power, but for safety sake it is better to immediately e-mail and normal mail the person and call them.

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Answered on 12/14/11, 3:45 pm
Joel Selik www.SelikLaw.com

1. Not have to be notorized

2. No special method of service. If it will be an issue, then attention to service should be made.

3. Not have to, but most definately should.

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Answered on 12/14/11, 3:52 pm
ROBERTA AVRUTIN Roberta Avrutin Law Offices

A few common sense things that you are not required to but should consider:

1. Write "REVOKED on [date] by [your signature] in large handwriting across the face of the power of attorney pages. Alternatively, you could simply tear it up and destroy it.

2. Retrieve all copies that anyone else might have, such as your broker, or financial advisor, and destroy them.

3. Create a new power of attorney to replace the old one. The new one should state that all previous powers of attorney you created are revoked and void.

4. If you choose to use a do-it-yourself form, you would be very wise to let an estate planning lawyer review it with you. One size does not fit all.

Best,

Roberta Avrutin, Esq. 323.653.3900 x. 115

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Answered on 12/14/11, 4:29 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

1. The revocation of the power of attorney does not need to be notarized, or even done in writing. A statement that the previous power of attorney has been revoked can be included in a new one, if one will be executed. If you do prefer a written revocation, you could have it notarized if you anticipate that the former agent or anyone else might question it's validity.

2. The revocation of power of attorney does not have to be served on anyone. It is a good idea to mail or email it to the former agent, however.

3.There is no requirement that the former agent be notified of the change. It is usually a good idea to let that individual know.

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Answered on 12/14/11, 4:43 pm


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