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Ask a Lawyer -- Power of Attorney
Power of Atorney Question 34
Question: How do I revoke a POA in California?
Response: There pertinent statute is California Probate Code Sections 4151-4155 which read, in pertinent part, as follows:
Section 4151. (a) A principal may revoke a power of attorney as follows:
(1) In accordance with the terms of the power of attorney.
(2) By a writing. This paragraph is not subject to limitation in the power of attorney.
(b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300).
Section 4153. (a) The authority of an attorney-in-fact under a power of
attorney may be revoked as follows:
(1) In accordance with the terms of the power of attorney.
(2) Where the principal informs the attorney-in-fact orally or in writing that the attorney-in-fact's authority is revoked or when and
under what circumstances it is revoked. This paragraph is not
subject to limitation in the power of attorney.
(3) Where the principal's legal representative, with approval of the court as provided in Section 4206, informs the attorney-in-fact
in writing that the attorney-in-fact's authority is revoked or when
and under what circumstances it is revoked. This paragraph is not
subject to limitation in the power of attorney.
(b) An attorney-in-fact or third person who does not have notice
of the revocation is protected from liability as provided in Chapter
5 (commencing with Section 4300).
Section 4154. (a) If after executing a power of attorney the principal's
marriage to the attorney-in-fact is dissolved or annulled, the principal's designation of the former spouse as an attorney-in-fact is revoked.
(b) If the attorney-in-fact's authority is revoked solely by
subdivision (a), it is revived by the principal's remarriage to the
attorney-in-fact.
Section 4155. (a) Subject to subdivision (b), the authority of an
attorney-in-fact under a nondurable power of attorney is terminated
by the incapacity of the principal to contract.
(b) An attorney-in-fact or third person who does not have notice
of the incapacity of the principal is protected from liability as
provided in Chapter 5 (commencing with Section 4300).
(c) This section is not subject to limitation in the power of
attorney.
In Section 4151(a)(2), when the statute refers to "by a writing", they mean a written document declaring that the POA maker revokes any and all powers granted to the attorney-in-fact. For the revocation to be effective, it is necessary for the revocation to be delivered to the attorney-in-fact. When revoking a POA through a written instrument, I recommend hand-delivery to the attorney-in-fact with a signed receipt for delivery of the revocation. Below is a suggested form I created for revocation of a POA:
NOTICE OF REVOCATION OF POWER OF ATTORNEY
I, (full name of principal), a resident of (city), (state) USA do hereby completely revoke the power of attorney I executed on (month, day, year that POA was executed) in favor of (full name of attorney-in-fact) as my attorney-in-fact.
In witness hereof, I hereby affix my signature hereto this ____ day of _____________, 200_.
__________________________________
(full name of principal)
Acknowledgment
I, (full name of attorney-in-fact), a resident of (city), (state) USA and attorney-in-fact under a power of attorney executed by (full name of principal) do hereby acknowledge receipt of this Revocation of Power of Attorney.
In witness hereof, I hereby affix my signature hereto this ____ day of ______________, 200_.
__________________________________
(full name of attorney-in-fact)
Submitted: 7-15-2006; Richard, CA
Response: 7-17-2006; JJR
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