Legal Question in Wills and Trusts in Michigan
Power of Attorney
Can a Power of Attorney be revoked or invalidated by a new one?
3 Answers from Attorneys
Re: Power of Attorney
Dear Sir/Madam:
This is in response to your mail which you submitted on March 27, 2001, but which we did not receive until May 31, 2001.
The answer to your question is yes. A power of attorney can be revoked or invalidated by a new one so long as the person giving the power is competent.
Sincerely,
Charles L. Nichols
Re: Power of Attorney
Yes. If you are worried about a specific Power of attorney to a specific person, you might want to revoke it by a separate document. Many power of attorney forms automatically revoke other, previous powers of attorney.
The problem is making sure that whoever has a copy of the document to be revoked gets a copy of the revocation!
Re: Power of Attorney
Absolutely. I have drafted 1,000's of them. When a client is executing a new DPOA we always put a clause that revokes any prior DPOAs.
If I can be of further assisitance please contact me. Check out my bio at myelderlaw.com