Legal Question in Real Estate Law in Maryland

Re: power attorney

A power of attorney can always be revoked by the person who executed it, unless you stated in it that it was irrevocable. You would have to sign a Revocation of Power of Attorney, using the proper legal language.

Re: Revoking a Power of Attorney

Unless the power of attorney (POA) was not revocable by language set within it, any POA can be revoked.

Several methods exist to revoke a POA. For example, the person to whom it was granted can simply return or destroy the original in your precence, or place an "X" over the document and initial and date the POA and then return it to you. These methods may be suitable for some circumstances. Be advised that a copy of a POA may remain effective. If any of the above methods are contemplated, you should contact an attorney beforehand as your situation may require further action.

The BEST way to revoke a POA is to have a "Revocation of Power of Attorney" prepared and to properly have this document delivered to the individual(s) to whom the POA was granted. An attorney should be consulted so that the revocation is duly effected.

Revoking a POA should not be taken lightly as the power given under a POA can bring substantial financial obligations or otherwise result in vesting rights in another for which you are responsible.

Given the facts of your inquiry, it may already be too late to revoke the POA if the title to the vehicle was transferred while the POA was legally effective. It appears that the thrust of your matter is that the dealership may not have come through with aspects of their bargain. If this is the case, revoking the POA is just one aspect of a larger legal matter to be addressed.

G. Joseph Holthaus III

(410) 799-9002