Many people are curious about whether a power of attorney document ever terminates or whether you need to go through the process of hiring a lawyer to remove a person that you no longer want to have this power, this person could be choosing to refuse to give up the power of attorney.

There are three primary ways that you can terminate the power of attorney. The first has to do with whether or not you specified a date and time inside the document itself. Most powers of attorney are intended to be durable and do not have a date and time inside. If there is no termination date, the second way to terminate your power of attorney is at the death of the principal person.

The attorney in fact’s authority will terminate as soon as the principal passes away. There are some limited exceptions to this. A power of attorney can also be revoked if the principal decides to execute a written revocation of the power of attorney. The attorney in fact must receive actual knowledge of the revocation of the power of attorney and until that receipt of actual knowledge, the revocation is not effective. It is always recommended that you revoke a power of attorney using a written instrument.

A letter is one of the easiest ways to do this, but you can discuss your options with an estate planning lawyer who is familiar with some of the phrasing you might want to include inside the letter. Revoking a power of attorney is a serious issue and you should remember to appoint someone else to serve in this role if you are terminating another person- talk to a Pasadena estate planning lawyer.

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