Legal Question in Civil Litigation in New York

How do I write or word it to make it legally said in writting that I want to discontinue the power of attorney.


Asked on 10/20/11, 4:15 pm

1 Answer from Attorneys

Your specific situation may require unique advice and I always recommend discussing your situation fully with an attorney before taking action; however, revocation of most types of Powers of Attorney is governed by New York General Obligations Law Title 15, Chapter 5, Section 1511 (http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA;=$$GOB5-1511$$@TXGOB05-1511+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=02626859+&TARGET=VIEW).

A revocation should include:

1) Your name

2) A statement that you are of sound mind & body

3) A reference or description of the Power of Attorney you are revoking, including: the date it was signed and the name of the person you named.

4) A statement that you are hereby revoking that Power of Attorney

5) Your signature, printed name, address, and date

6) A witness' signature and date (preferably a notary public)

7) Other than signatures, all portions should be typed in 12 point font or greater.

An example would be,

"I, ____print your name____, being of sound mind and body do hereby revoke my previous Power of Attorney executed on the ____ day of ___month____ in the year of ______ naming _____________________ my attorney-in-fact/agent.

This is my written revocation of the above referenced Power of Attorney and I am providing a copy of this to my attorney-in-fact/agent.

Dated this the _____ day of ___________________. Signed __________ Printed Name________ Address of Residence______________. Witnessed ___________ Printed Name________ Address of Office_______________."

Next, you must send a copy of this to the person previously acting as your Power of Attorney and any persons or businesses he may have contacted on your behalf. Notifying all persons that may be under the impression that the former agent still has Power of Attorney for your matters is of utmost importance.

Also, take note that all Powers of Attorney are governed by this section according to 15-5-1501C (http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA;=$$GOB5-1501C$$@TXGOB05-1501C+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=02626859+&TARGET=VIEW). If the particular Power of Attorney you signed falls outside of Title 15 there may be other specific language or actions you must take.

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Answered on 10/24/11, 11:34 am


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