How Do I Revoke a Power of Attorney in Virginia?
Full Question:
Answer:
The terms of the power of attorney govern the extent of the agent's authority. A power of attorney may be limted so that it only authorizes action to be taken for a specific transaction(s) or for a specified time period. If such limitations aren't specified in the power of attorney document, the power of attorney be revoked in writing, with a copy given to the agent. A revocation may be made by a written document signed by the principal, with or without the consent of the agent. Recording requirements vary by local area, so I suggest calling the local recorder's office.
Please see the following VA statute:
Section 26-71.10. Termination of power of attorney or agent's
authority.
A. A power of attorney terminates when:
1. The principal dies;
2. The principal becomes incapacitated, if the power of attorney is
not durable;
3. The principal revokes the power of attorney;
4. The power of attorney provides that it terminates;
5. The purpose of the power of attorney is accomplished; or
6. The principal revokes the agent's authority or the agent dies,
becomes incapacitated, or resigns, and the power of attorney does not provide
for another agent to act under the power of attorney.
B. An agent's authority terminates when:
1. The principal revokes the authority;
2. The agent dies, becomes incapacitated, or resigns;
3. An action is filed for the divorce or annulment of the agent's
marriage to the principal or their legal separation, unless the power of
attorney otherwise provides; or
4. The power of attorney terminates.
C. Unless the power of attorney otherwise provides, an agent's
authority is exercisable until the authority terminates under subsection B,
notwithstanding a lapse of time since the execution of the power of attorney.
D. Termination of an agent's authority or of a power of attorney is
not effective as to the agent or another person that, without actual knowledge
of the termination, acts in good faith under the power of attorney. An act so
performed, unless otherwise invalid or unenforceable, binds the principal and
the principal's successors in interest.
E. Incapacity of the principal of a power of attorney that is not
durable does not revoke or terminate the power of attorney as to an agent or
other person that, without actual knowledge of the incapacity, acts in good
faith under the power of attorney. An act so performed, unless otherwise
invalid or unenforceable, binds the principal and the principal's successors
in interest.
F. The execution of a power of attorney does not revoke a power of
attorney previously executed by the principal unless the subsequent power of
attorney provides that the previous power of attorney is revoked or that all
other powers of attorney are revoked.