Do I have to have the exact date for Revocation of Lost Power of Attorney?
Full Question:
Answer:
The manner of revoking a power of attorney is governed by state law and the terms of the power of attorney document. Typically, the entity that is accepting the power of attorney will have policies regarding its enforceability and revocation, which will be governed by contract law principles.
I am prohibited from giving legal advice, this service provides information of a general legal nature. The answer will depend on the terms in the document regarding the manner of revocation and the policies of the governing entity. I suggest contacting the entity who is seeking to enforce the power of attorney/consent to inquire about manners of revocation. In some cases, an entity will require the consent of both parents in order for a consent to be effective. Therefore, if one parent revokes consent and the other refuses to revoke his consent, the release would no longer be effective.
State statutes governing revoking a power of attorney don't require the revoking document to identify a specific date of the power of attorney being revoked. However, the entity seeking to enforce the document or the document itself may specify different terms for revocation, which are guided by contract law.
In some instances, an affidavit of a lost document may be used to verify its existence. I suggest you consult a local attorney who can review all the facts and documents involved.
The following is a NC statute:
§ 32A-13. Revocation.
(a) Every power of attorney executed pursuant to the provisions of this
Article and registered in an office of the register of deeds in this
State as provided in G.S. 32A-9(b) shall be revoked by:
(1) The death of the principal; or
(2) Registration in the office of the register of deeds where the power
of attorney has been registered of an instrument of revocation executed
and acknowledged by the principal while he is not incapacitated or
mentally incompetent, or by the registration in such office of an
instrument of revocation executed by any person or corporation who is
given such power of revocation in the power of attorney, or by this
Article, with proof of service thereof in either case on the
attorney-in-fact in the manner prescribed for service of summons in civil
actions.
(b) Every power of attorney executed pursuant to the provisions of this
Article which has not been registered in an office of the register of
deeds in this State shall be revoked by:
(1) The death of the principal;
(2) Any method provided in the power of attorney;
(3) Being burnt, torn, canceled, obliterated, or destroyed, with the
intent and for the purpose of revoking it, by the principal himself or by
another person in his presence and by his direction, while the principal
is not incapacitated or mentally incompetent; or
(4) A subsequent written revocatory document executed and acknowledged
in the manner provided herein for the execution of durable powers of
attorney by the principal while not incapacitated or mentally incompetent
and delivered to the attorney-in-fact in person or to his last known
address by certified or registered mail, return receipt requested.
(c) As to acts undertaken in good faith reliance upon an affidavit
executed by the attorney-in-fact stating that he did not have, at the
time of exercise of the power, actual knowledge of the termination of the
power by revocation pursuant to the provisions of G.S. 32A-13(b) or by the
principal's death, such affidavit is conclusive proof of the nonrevocation
or nontermination of the power at that time. This section does not affect
any provision in a power of attorney for its termination by the
expiration of time or occurrence of an event other than an express
revocation.