A power of attorney grants someone the authority to make decisions on another person’s behalf. However, circumstances change, and the principal may need to revoke or amend the document. California law outlines specific steps to modify or cancel a power of attorney.
Steps to revoke a power of attorney
To revoke a power of attorney, the principal must prepare a written revocation document. This document should clearly state that the existing power of attorney no longer holds validity. It must include the principal’s name, the date of the original power of attorney, and a statement of revocation.
After preparing the document, the principal should sign it in front of a notary public to ensure legal authenticity. The principal must send copies to the agent named in the original power of attorney and any institutions, such as banks or medical providers, that rely on it. If possible, the principal should retrieve and destroy the original power of attorney to prevent future use.
Amending a power of attorney
When making changes rather than revoking the document entirely, the principal should create a new power of attorney. California law does not allow modifications to an existing power of attorney document. Instead, the principal must draft a new document with updated terms. The new power of attorney should clearly state that it replaces any prior versions.
Like a revocation, the principal should sign the new document in front of a notary public. The principal must also provide copies to the agent and any relevant third parties to ensure they follow the most recent instructions.
When revocation or amendment takes effect
Revoking or amending a power of attorney takes effect as soon as the agent and relevant institutions receive notice. If the agent continues using the old document, they may face legal consequences. Keeping all parties informed ensures a smooth transition and prevents unauthorized actions.
Following these steps protects the principal’s rights and ensures that only trusted individuals manage their affairs.
