Legal Question in Wills and Trusts in Washington
power of attorney revocation
I am the Agent named in a power of attorney. The revocation clause in the document specifically says that the principal must sign and deliver written notice to revoke. It does not mention that anyone else may act on her behalf. Is a letter from her attorney, signed only by the attorney sufficient to revoke?
2 Answers from Attorneys
Re: power of attorney revocation
Sounds as though you are the named attorney in fact. I agree with Mr. Busch, that you would do well to confirm with the principal that this is what she wants, but understand that an attorney at law can act for a principal when an attorney in fact may not. The attorney's letter may well be effective; but if the principal is no longer competent it raises a huge issue.
Best advice I can give you is to have a consult with a local attorney and get independent legal advice.
Hope this helps. Elizabeth Powell
Re: power of attorney revocation
You can probably insist on a written confirmation from the principal individual. Are you concerned about competency? Obviously if he/she is competent, the fact that you received notice should be sufficient warning for you not to take actions on behalf of the principal until you get this matter confirmed/resolved.
Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.