Updated: Jan 10
When it comes to a Power of Attorney, the Principal (the person appointing the POA), has the legal right do whatever they see fit as long as they are still living and mentally competent. The person named in a power of attorney to act on your behalf is referred to as your "agent" or "attorney-in-fact." This agent or attorney-in-fact should be someone you trust and can depend on representing your estate accordingly. So what happens when you feel they are not "fit" to be named your Power of Attorney after all?
You revoke them! It's that simple and it's that easy! If you are not satisfied with your acting agent, you have the power to revoke them as your Power of Attorney. They have no say in your estate unless you continue to have them act as your attorney-in-fact.
In almost all States over the country, you allowed to revoke or fire your Power of Attorney without any penalty against you . In the State of Florida, you have a right to revoke, and the Statute states as follows:
Chapter 709.2110 Revocation of power of attorney.—
A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal. The principal may give notice of the revocation to an agent who has accepted authority under the revoked power of attorney.
(2) Except as provided in subsection (1), the execution of a power of attorney does not revoke a power of attorney previously executed by the principal.
If you are alive, then you are in luck!
Issuing a durable power of attorney remains in effect from the moment you sign it until you revoke it or you die. If you have a change of heart, or if they prior agent suddenly becomes unavailable, then you as the Principal have a right to change your mind. We all have experienced a change in relationships with family members and friends, and if this happens to you, understand that you have the full right to revoke the Power of Attorney at any given moment. Estate plans change and so do people, and if you have succumb to a point of irreconcilable differences, then revoking them as your agent wouldn't be such a bad idea after all. That's why it's always a good idea to have a secondary agent included in your original Power of Attorney along with any other specific language that will direct your POA as to what you would like executed upon your death and or if you become incapacitated.
Ways to Revoke your old POA:
When revoking your agent or attorney-in-fact you must follows these 4 steps:
Destroy the old Power of Attorney
Complete a Revocation of Power of Attorney
Notify or Deliver New Power of Attorney to the old agent and any third parties involved
Get Power of Attorney Notarized
To be safe, you may want to record the revocation at your local County Recorder's office. If the existing POA was also recorded, you will need to record the revocation along with the updated Power of Attorney. If you feel like you are being harassed or leveraged because of the change in circumstances by firing your agent, or you are faced with any adversities, you may need to hire legal counsel.
Never feel intimidated or alone because your estate belongs to you and the choice is yours to make at any given time!
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