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This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].
The Parties agree that the following agreement is dependent on the terms presented as follow:
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An RPA, or Revocation of Power of Attorney, is a document that legally revokes the Power of Attorney. If you’re not well-versed with legal lingo, you may not know what any of that means. Essentially, the Revocation of Power of Attorney is a written form that you can fill out when you don’t need your attorney-in-fact anymore. Whether you’re dropping the case or acting on your own behalf, you may need to know all of the details about an RPA.
There isn’t just one reason that you would need to revoke the Power of Attorney. Many people do it every day when they have come to the decision that a Power of Attorney is no longer necessary or beneficial to them. A lot of people do this when they want to be able to act for themselves moving forward.
Whatever the case may be, if you’re in this situation, you’ll need to cancel the Power of Attorney to stop the attorney-in-fact from making choices for you. One of the main reasons this happens is because the attorney-in-fact doesn’t fit to act for the principal. This can happen when you find out that the attorney-in-fact isn’t a trustworthy person. Perhaps they’ve made unprofessional decisions while on past jobs.
If this is the case, the principal can choose to revoke the Power of Attorney. After this happens, somebody else needs to step in to do the job. In some rare cases, the attorney-in-fact can’t be a part of it anymore because they move out of the country. When this happens, it can be incredibly inconvenient for them to continue in that possible, thus canceling the Power of Attorney.
There are also times when the principal (you), wants to have somebody else step in as the attorney-in-fact for them. This can happen if the original attorney-in-fact has medical issues, falls ill, or even passes away. Some people choose to have their husband or wife become their attorney-in-fact. If the couple is having issues within the marriage or in the middle of a divorce, it’s best to choose somebody else to help you.
This is actually a law in several states. If your husband or wife is your attorney-in-fact and you end up getting a divorce before the legal affairs are settled, the Power of Attorney will be revoked via the state.
There are several things needed in the document in order for the revocation of the Power of Attorney to be valid. You will need the following information:
That’s not all. The principal has a list of other things that they need to do in order for it to all be valid. For starters, the principal will have to have the renovation legally notarized. The original attorney-in-fact will need to bring in any copies they have of the Power of Attorney. The principal will also need to give a copy of the witnessed revocation to the prior attorney-in-fact.
The principal will also need to give a copy of the revocation to all agencies such as the county clerk. This is only done with agencies that have recorded the Power of Attorney. Lastly, the principal will have to give a copy to any third-party individuals or companies that have possibly used the Power of Attorney. Most commonly, insurance companies, banks, and credit unions are the third-party companies involved.
Below are some popular terms that are involved with the revocation of the Power of Attorney. It’s understandable that legal mumbo jumbo is not easily digested by everyday people. The definitions you’ll read about next try to make it as easy as possible.
A codicil isn’t a word you’ll likely hear outside of legal terms. It is the act of making changes to your last will and testament. For example, you’d use the codicil if you want to write someone into your will. You could also use it if you need to remove any property or financial earnings.
Speaking of, the Last Will and Testament is a document that can be fairly long, depending on the individual. This is where you’ll fill out what you want to be done with your debts, possessions, property, and savings when you pass away. Generally, the last will and testament is something that middle-aged individuals fill out or those suffering with a life-threatening disease.
A health care directive is something that everyone should have. It’s a document that shares specific medical wants or needs if you’re not able to tell the medical professionals yourself. This is also called a Living Will. This can come in handy if you’re unconscious or in a state where you can verbalize what you want.
You’ve read a lot about the Power of Attorney. This is something that gives you the opportunity to hand over the decisions for something related to finances or pieces of property. This can be for a few months or the remainder of your life.
With something like a will, you tell your loved ones what you want to be done with the things you own or savings that you have. An end-of-life plan is a simple document that you can fill out so that your memorial wants and needs are all in one place. This is where you’d let your loved ones know what to do with your body or even what type of service you’d like held.
Believe it or not, an attorney-in-fact will still have legal power until the Power of Attorney is completely revoked. So how do you revoke the power so you can choose a different attorney-in-fact? You will need to fill out a Revocation of Power of Attorney document. At any point, you can take away the Power of Attorney. This can be done when there is a specific end date set, even if it’s right around the corner.
As you’ve read, the principal will need to bring the original document to the notary to be witnessed. A copy will need to be given to third-party companies, as well as the original attorney-in-fact. Lastly, it’s important to remember that the revocation document has to be registered in order to be valid and legal.
Something that’s important to know is that the principal doesn’t need to give an explanation when canceling the Power of Attorney. You don’t need a valid excuse in order to do it. It’s part of your rights and you have the power to do it at any time.
Something else that’s useful to keep in mind is that sometimes, though very rarely, the Power of Attorney is irrevocable. When this happens it’s treated more like a contract. This is only done when there are certain parts of the document that prohibit the revoking to go through. But remember, the majority of the time, you can cancel the Power of Attorney at any time before the end date.
If something happens to you or any principal before the affairs are settled, the Power of Attorney may end. This only happens when the principal can no longer make their own choices. For example, if the principal was in a car accident before everything was figured out, if they’re no longer able to speak or are in a coma, the Power of Attorney will automatically cease.
Lastly, it’s important to get the revocation of Power of Attorney in writing. If not, it’s not legal. Just like any other legal document, it needs to be in writing, witnessed, and copies must be distributed to anyone involved.