How do you rescind a power of attorney?


Quick Answer

Rescinding a power of attorney involves writing a notarized statement, notifying the person in writing who previously had that power, and filing the statement with the county clerk in any county containing affected property. A party must be competent to revoke this power, notes Utah Legal Services.

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Full Answer

There are no restrictions on the time frame for rescinding power of attorney, which means that it can happen the day after granting that power or years after the fact. Because power of attorney automatically rescinds upon a party's death, there is no need to worry about rescinding it in the case of a person in dwindling health. When a person becomes incompetent, any power of attorney filings that person has established are automatically revoked, unless that person has specifically stated in the filing that it continues after that person becomes incompetent. In that case, it is not possible to revoke power of attorney after the person becomes incompetent, as stated by Utah Legal Services.

It is not possible to establish or revoke power of attorney holographically. Instead, both processes require notarization and filing with the county clerk's office. Failure to file the revocation notice or to notify the person who held the power in writing can leave the revocation open to contesting in court, according to Utah Legal Services.

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