How do you revoke a power of attorney?
A power of attorney (PoA) is a legal document that grants one person the authority to act on behalf of another. This might be an authority to act for property, financial, or medical services.
When the PoA’s purpose expires, the executor may revoke or terminate the legal instrument by completing a proper protocol. Nevertheless, before doing so, it is necessary to understand the conditions that qualify for the cancellation or suspension of a PoA.
When is it possible to cancel a POA?
Express intent: If the principal (executor of a PoA) believes that the agent (person who represents the principal) should be stripped of his authority, he has the option to revoke the PoA.
The stated goal is: When the declared objective of a PoA is fulfilled, it can be cancelled. For example, if a PoA was formed to facilitate the sale of a property, its applicability ceases with the transaction.
Timeline: When the time limit for its application expires. This indicates that the time range should never be left open-ended by the principal.
Contractual breach: If the agent violates the terms of the contract, the principal may withdraw the POA.
Insolvency of a company: If the agent becomes insolvent, the principal can withdraw the POA.
Agency insanity: If the agent has grown mentally ill, the principal may cancel the PoA.
Agent death: When an agent dies, the PoA is cancelled.
When is it impossible to cancel a POA?
The agent’s consent is not necessary to cancel the PoA in the aforementioned instances. This is not applicable if the agent has a personal interest in the subject matter.
Section 202 of the Indian Contract Act of 1872 states that “when the agent has personally a stake in the property whatsoever constitutes the subject matter of the agency, the agency cannot, in the absence of a written contract, be dissolved to the detriment of such interest.”
PoA cancellation procedure
Create a PoA revocation deed that includes the cause for the cancellation. Include the date when the revocation should enter into force. Request revocation of the PoA from the same authority that registered it.
Provide a copy of the cancellation agreement to the agent and anybody else he or she has interacted with on your behalf. Publicize the registered cancellation deed in newspapers.
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