Legal Question in Wills and Trusts in Pennsylvania
Power of Attorney
How do I revoke Power of Attorney?
Power was granted in early 1994
with the understanding it was to be valid for only 90 days.
Agent retained the paper, and
has invoked it for the purpose of emotional blackmail against
the Principal. Agent made statement that he could do anything he wanted with it, and
make a lot of trouble with it.
This agreement was set out on a
little scrap of note paper, and
was not witnessed by a notory, nor by any other person.
1 Answer from Attorneys
Re: Power of Attorney
The Principal can revoke the power of attorney by simply telling the agent that the power is revoked. Like any act in the legal field, the issue can always be proof that the act occurred, and so the act should be done in writing, in front of honest witnesses, so that if there is ever a dispute over whether the act occurred, the principal can pull out a copy of a written revocation and say "I gave this to the Agent in the presence of John Doe on December 25, 2006" or "I delivered this to the Agent by certified mail (or Federal Express or some other courier service that provides a receipt), and here is the receipt showing delivery on December 26, 2006." If the Agent continues to act in the Principal's name after the power is revoked, he will be held personally liable for his acts that cause damage to the Principal or his affairs. If you want a simple form of revocation, let me know.
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