Can an irrevocable power-of-attorney be revoked?


Quick Answer

In most cases, an irrevocable power-of-attorney cannot be revoked. However, in limited circumstances, it is possible. If it is proven that the agent is not working in the best interest of the individual who granted the power, the agreement is voided, though court action is required. Certain states also consider the intent of the power-of-attorney, as well as the participants' actions and interactions to determine if "irrevocable" is appropriate.

Continue Reading

Full Answer

An irrevocable power-of-attorney has a few common, but limited, uses. Shareholders of publicly traded stocks are sometimes unable to attend companies' general meetings. These individuals are allowed to give irrevocable powers-of-attorney to other shareholders for annual elections. This method is irrevocable so businesses are ensured that votes are authentic when cast.

A court sometimes use an irrevocable power-of-attorney during guardianship or conservator cases. If the responsible party lives out of state, the clerk of the court is often granted the power so documents are served in a timely manner. In this way, guardians and conservators are unable to slow down the legal process simply by being unavailable to deal with legal papers.

In some states, irrevocable powers-of-attorney are granted so health care decisions continue to be made even when individuals are not able to accomplish this themselves.

Learn more about Law

Related Questions