Understanding Power of Attorney Revocation: What You Need to Know
A Power of Attorney (PoA) can be a vital legal tool—allowing one person to act on behalf of another in managing finances, properties, or legal matters. Yet, there may come a time when revoking that authority becomes necessary. Whether it’s due to misuse, a completed task, or a breakdown in trust, knowing how to cancel a PoA correctly is crucial to protecting your interests.
What is a Power of Attorney?
A PoA allows an individual, referred to as the Principal, to authorize another person—called the Agent—to carry out specific acts on their behalf. These powers can range from operating bank accounts to managing or selling real estate. While the arrangement can be convenient, it is not permanent and can be withdrawn at any point through a legal process.
When Should You Consider Revoking a PoA?
Experts recommend reviewing and potentially revoking a PoA in the following situations:
- The original task or purpose has been completed.
- There is a loss of trust between the principal and the agent.
- The agent is found to be misusing or overstepping their powers.
How to Legally Cancel a Power of Attorney
Cancelling a PoA involves a series of formal steps to ensure that the revocation is recognized by law and prevents any future misuse.
1. Notify Concerned Parties Immediately
Once the PoA is revoked, it’s essential to inform all institutions and people involved—banks, legal offices, property registrars, and others—so they do not unknowingly allow the agent to act using outdated authority.
2. Draft a Revocation Deed
Start by preparing a Revocation Deed, which is a legal document clearly stating that the PoA is cancelled. It must include the date of the original PoA, the name of the agent, the extent of powers granted, and the reason for revocation.
3. Publish a Public Notice
To ensure broader awareness—particularly in property or financial matters—publish a notice of revocation in a widely circulated newspaper. This helps alert any third parties who may otherwise still rely on the old PoA.
4. Register the Revocation (If the Original Was Registered)
If the original PoA was registered with a sub-registrar, it’s mandatory to register the revocation at the same office to make the cancellation legally enforceable.
What Happens If the Agent Still Uses the PoA?
If the agent continues to operate under a cancelled PoA, legal recourse is available. The principal can file a case in court to stop further misuse. The court may issue an injunction and, in some cases, award compensation for losses suffered due to the unauthorized actions.
Bottom Line
Cancelling a Power of Attorney isn’t just a matter of telling someone to stop acting on your behalf. It’s a legal procedure that demands proper documentation and notification. If you’re uncertain about any part of the process, consult a legal expert to ensure your revocation is effective and your rights are fully protected.
