A power of attorney (POA) is a legal document that grants an individual the authority to make decisions on behalf of the principal. This can include managing finances, health care decisions or legal matters.
In estate planning, a POA ensures that someone you trust can act on your behalf if you become incapacitated. But what happens if you regain capacity? Can you revoke your power of attorney? The answer is yes, and here’s how.
Steps to take your deciding power back
If you regain capacity, you can revoke your power of attorney anytime. The process is straightforward but must be done correctly to ensure it is legally binding.
- Draft a written notice of revocation: This document includes your name, a statement revoking the POA, the name of your agent, and the date. Sign and date the revocation in the presence of a notary public to give it legal weight.
- Inform your agent of the revocation: Send them the written notice via certified mail to ensure they receive it.
- Notify institutions or individuals involved: Give banks or health care providers proper notice. This step prevents your agent from continuing to act on your behalf unknowingly.
Finally, file the revocation with relevant county or state offices, especially if a government entity filed the original POA.
How do I prove I can make my own decisions?
To revoke your power of attorney, you must prove mental competency through a medical evaluation from a licensed health care professional. In New Jersey, a psychiatrist or psychologist may be required. Include the evaluation with your revocation notice, as it can prevent disputes with former agents or other parties. While not always legally required, having this documentation can prevent potential disputes or challenges from your former agent or other parties. You may want to seek legal professionals to help you regain control over your affairs.