Legal Question in Wills and Trusts in Florida
Is a revocation of power of attorney required to change power of attorney?
3 Answers from Attorneys
Most power of attorneys have an expiration date. If you are revoking a power of attorney before it's expired, you should do a revocation of power of attorney or if you want to replace current power of attorney with another person you can state therein that that power of attorney revokes all others in place currently.
In my 30 years of practice, almost none of the Power of Attorneys I have done (and that's a lot) do not have an expiration date. However death of the Principal does revoke it.
A Power of Attorney can be changed by 1) destroying it and all copies, with notice to anyone who was given it in writing; 2) executing a revocation; 3) making a new one which contains a revocation of a prior Power of Attorney. Notice is still required to anyone who is your agent so they know it has been revoked.
I am with Kaplan. I do not include an expiration date - perhaps this is so in other states. However, you do need to notifiy the person who has power that you are revoking it and do so in writing. If you execute a new poa it will and should contain the language of revoking all other poas. To be safe, record a revocation of power of attorney and forward a copy of the recorded revocation to the person who had power. That should resolve your problem. If you need assistance, I will be glad to help.
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