Legal Question in Real Estate Law in New York

Revoking Power of Attorney

Help appreciated:

What is the legal process to revoke a Power of Attorney.

This Power of Attorney was given in 1998. A few months later we had written a letter (via our lawyer) to the person holding the POA - revoking the POA and any power it gives its holder.

We never got the POA document back. (the person clains he lost the document and never saw the revokation letter).

We are concerned this person may still be using the POA to perform operations in our name.

What should we do, legally, to make sure the POA is invalid? Register something in court? Where? Publish in newspaper? What?

Thanks in advance!


Asked on 7/05/04, 2:34 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Revoking Power of Attorney

I would write a letter (certified mail, return receipt requested to any and all institutions where I maintain an account informing them that the power of attorney granted to (insert name) has been revoked and is null and void.

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Answered on 7/06/04, 1:36 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Revoking Power of Attorney

Generally, the power expires at a time stated in the power itself. Otherwise, the person, when using it, usually must execute an affidavit stating that tho the best of their knwledge, the power is still in full force and effect and has not been revoked.

Why not just send a certified letter revoking it?

Good Luck

RRG

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Answered on 7/05/04, 2:49 pm


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