Revocation of Powers of Attorney

Off the Top o' My Head

Powers of attorney have been mentioned or discussed in this blog several times.  “Powers of Attorney”
and “Weaknesses in Powers of Attorney,” in particular, explained the importance of a well-drafted power of attorney.  An aspect that has not been discussed is revocation.

The ability to revoke a power of attorney is a major advantage over court-ordered guardianship or conservatorship (guardianship of the person’s worldly estate).  A principal who signs a power of attorney may revoke it at any time.  A legally-incapacitated person, and even a person who consented to guardianship, cannot revoke the guardian’s appointment.  He or she must file a petition with the court to terminate the guardianship.  It can be very difficult to persuade the court to terminate a guardianship.  Many judges are very paternalistic and in many courts persons who are subject to the authority of a guardian or conservator have very few…

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