A power of attorney, commonly referred to as a POA, grants another person the authority to serve as your agent and make decisions on your behalf regarding your finances, personal property, or medical care. It may be put to short, restricted, or long-term use. You are free to cancel or withdraw a power of attorney at any moment because you choose to create one in the first place. In this article, you’ll read about how to revoke Power of Attorney. Keep reading to know about it.
If you can’t be present during a significant transaction, such as the sale of a home or automobile, you might want to appoint a temporary power of attorney. In such cases, you can provide someone with a limited power of attorney to do only that particular task. Alternatively, you can designate someone to act as your agent only in the event of a certain future occurrence, such as your hospitalization and inability to make decisions about your medical treatment.
When POA Be Revoked?
There are a few circumstances in which the attorney and authorizer’s association as principal and agent ends. These principles were derived from the Indian Contract Act of 1872 and other Indian courts that have interpreted broad legal concepts and applied them to PoA circumstances because there is no clear statute governing the same. The following are some of the methods that can be used:
1. Act Of Principal
There are a few circumstances in which the person who appoints someone to operate as his attorney might cease it, including by explicitly revoking his authorization, when the agency’s business is completed, and if either the principal or the agent becomes bankrupt or mentally unfit.
2. If the agent owns a stake in the Agency
Such circumstances are covered under Section 202 of the Indian Contract Act, which provides that when an agent has an interest in the agency, that interest cannot be terminated without the agent’s approval.
3. Breach Of Contract
A Power of Attorney (PoA) is something that, once granted, is of an irrevocable nature; however, if the agent engages in flagrant mismanagement, violates the terms of the contract, or acts outside the bounds of their authority, the PoA can be canceled.
Process To Revoke Power Of Attorney
To withdraw or cancel the PoA, a specific procedure must be followed in a consistent manner. The actions that must be taken in order to cancel a POA are as follows:
1. Create a deed revoking the POA.
2. The people the PoA has been communicating with on behalf of the authorized person should be informed of the revocation by publishing a notice of the revocation in a local or national publication.
3. The same authority that registered the PoA must also register the Cancellation deed.
4. The PoA must receive a copy of the document so that they are both aware of it.
5. Additionally, copies of the revocation deed can be issued to anyone the PoA holder has been communicating with on the principal’s behalf, requiring them to stop doing business with the agent.
There are two sorts of powers of attorney (PoA): general and particular. The PoA may be canceled in a variety of circumstances. The relationship between the authorizer and attorney coming to an end is one such instance. You must follow the procedure in order to revoke a PoA that has been granted.
When It Cannot Be Revoked
When the agent has a stake in the POA’s subject matter, it cannot be revoked without that agent’s approval. According to Section 202 of the Indian Contract Act, if the agent becomes invested in the subject matter of the POA, the principal is not permitted to revoke the POA because doing so would be detrimental to the agent’s interests.
Bottom Line
However, when it comes down to it, you don’t have to give a justification. The initial power of attorney was created by you for your own use as a legal tool; no one else is obligated by it. Therefore, you have the right to cancel it or transfer it for any reason you see fit.
Of course, your agent could decide to alter their mind. It would be wise to release your agent from their responsibility in this situation when they are no longer interested in carrying out the tasks connected with the power of attorney. For each state, there are online forms you can use to revoke a power of attorney.
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