Legal Question in Wills and Trusts in Pennsylvania

A POA has been executed by the principal, witnessed by two individuals and notarized by an attorney involved in drafting the POA. The POA document has a provision stating that all former financial power of attorney that has been made are revoked and made void.

In addition, a letter was drafted for the principal to sign, which informs the last agent that the Power of Attorney previously executed on their behalf has been revoked and that they no longer have the authority to act on the principals’ behalf.

This letter does not have exact words that state that you have been revoked as maybe a real true revocation letter would state, but just informs them that the principal has revoked the previously executed POA. Essentially the actual POA document revokes all previous POA’s and agents. (This letter is more informational compared to a traditional Revocation of Power of Attorney or a Revocation of Power of Attorney Form, which has signatures of witnesses and notary)

The Principal has signed this letter.

Does the letter need to be witnessed and notarized?

If not, should a copy of the newly executed POA be attached to the letter or can the letter be mailed just by itself?

What mailing service should be used e.g USPS certified with return receipt?

Asked on 2/20/24, 9:57 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Check the original Power of Attorney to see what it says, if anything, about revoking the PoA. The law is usually that once the agent finds out the PoA was revoked, that's it. The agent can't act if they know the PoA was revoked, by whatever method. It's not going to make a difference if the letter is notarized or not.

But of course you want to use certified mail, registered receipt. And have the principal call the agent up and tell him.

Good luck.

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Answered on 2/20/24, 6:00 pm

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