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What to Know About Changing or Revoking a Power of Attorney in Arizona
A power of attorney is a legal document that gives someone else the power to make decisions on your behalf. It can be an important piece of an estate plan, ensuring that there is a designated person who can handle your finances or make health care decisions for you if you’re incapacitated. However, there may be times when you need to make a change, such as naming a different person or revoking the power of attorney entirely. In most cases, this is a fairly simple process, and an estate attorney can walk you through the steps or handle the paperwork for you.
Reasons to Revoke a Power of Attorney
A power of attorney is a serious agreement between the person who is granting the power — known as the principal — and the person who will be able to make the decisions, who is called the agent. It’s important that the agent understand exactly what’s expected of them and what responsibilities this entails before agreeing. If there is any change to the agent’s circumstances later on and they are no longer able to serve in this role, the power of attorney will need to be altered.
Some common reasons someone may need to revoke a power of attorney include:
- The agent passing away before the principal
- The agent moving away, making it logistically infeasible to carry out their duties
- The principal getting married, having a child, or otherwise having a change in personal relationships that might make someone else better suited for the role
- Misconduct on the part of the agent
- A change in the relationship between the agent and the principal
In some cases, a power of attorney may also need to be revoked simply because it was created for a specific purpose and that purpose has now ended.
How to Alter a Power of Attorney
In some cases, it may be possible to alter the power of attorney instead of revoking it entirely. However, the exact process for this and whether it can be done depends on the language in the paperwork. If there are other successor agents named, it’s easier to transfer the power of attorney without having to create an entirely new document. In this case, the agent simply needs to officially resign from the position — in writing — so that the process of transferring the power of attorney to the successor agent can begin.
If there are no successor agents listed in the original power of attorney, it’s likely that the document will need to go through the revocation process. Once the power of attorney has been revoked, a new one naming the new agent can be created.
How to Revoke a Power of Attorney
In Arizona, revoking a power of attorney agreement must be done in writing. There is a specific form that must be filled out and signed in front of a notary to make it official. It details the information for the principal and the agent and requires a witness. Once the form has been completed and notarized, it needs to be distributed to all of the parties who have an interest in the matter. This ensures that everyone has a copy and is aware of the updated arrangement.
After you revoke a power of attorney, it’s generally a good idea to create a new one at the same time. This ensures that there are no lapses where a power of attorney isn’t in place should you need one. If you’re not sure if you still need a power of attorney, a lawyer can go over your situation and help you determine what the right course of action is for your needs.
What Happens If the Principal Is No Longer Mentally Competent?
It’s important to note that the principal must still be mentally competent and able to make decisions for themselves to be able to revoke a power of attorney. If there is any question as to the person’s mental competency, a hearing may need to be had so the court can make an official determination. This generally involves experts, such as doctors or mental health care providers, conducting an assessment and providing the court with their recommendations.
It’s also possible for someone to petition the court to remove the agent if they believe that they are making decisions not in the person’s interest or otherwise abusing their position. There will need to be specific evidence, such as documentation that shows that a financial power of attorney is breaching their fiduciary duty, for this to move forward.
When You Need Legal Help
While it’s certainly possible to both create and revoke a power of attorney agreement without an attorney, it’s always a good idea to discuss any changes to your estate plan with your legal team. This ensures that you understand the potential implications of your decisions as well as what other options you may have instead of a power of attorney. For example, if you wish to revoke a health care power of attorney and don’t want to name a new agent, creating an advance health care directive may be another option. This ensures that your medical providers have some guidance as to your wishes if you can’t communicate them.
If you need to make changes to a power of attorney agreement or have questions about how to revoke a power of attorney, our estate planning lawyers can help. Call the AVID Esq. Group, LLC, at 480-467-5636 to schedule an appointment and get more information.
