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Delaware Revocation of Power of Attorney for Care of Child or Children

State:
Delaware
Control #:
DE-P008B
Format:
Word; 
Rich Text
Instant download

Description

This is a revocation of the power of attorney for the care and custody of a child or children provided for in Form DE-P007. A Power of Attorney can be revoked by the principal at any time, as long as he or she is competent. This form complies with all state statutory laws.

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FAQ

A principal can rescind a Power of Attorney at any time, even if the Power of Attorney has a specified end date, so long as the principal is competent and the attorney-in-fact is notified. Third parties (such as a bank or the Land Titles Office) should also be notified of the revocation.

While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney.

1 attorney answer But no, a power of attorney is not somehow going to constitute or override a custody order, and as a non-parent, he doesn't have any standing to contest custody unless your daughter's been with him (and him alone, not with her mom...

Until an attorney-in-fact's powers are properly revoked, they can continue to legally act for the principal. To cancel a Power of Attorney, the principal can create a document called a Revocation of Power of Attorney or create a new Power of Attorney that indicates the previous Power of Attorney is revoked.

In other words, a Revocation of Power of Attorney is written confirmation that a principal (the person who appointed power in a Power of Attorney) no longer wants or needs their attorney-in-fact (the person who was appointed power in a Power of Attorney, sometimes called an agent or donor) to act on their behalf.

POAs may be revoked in writing at any time by the principal, provided the person is able to understand what they are doing at that time (must be witnessed and notarized). You should make sure that whoever you choose to serve as your agent through a POA is someone you trust and who knows and will respect your wishes.

The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.

If you decide that you want to cancel / revoke a PoA that is registered with us, you will need to tell us. A PoA can only be cancelled / revoked by you, the granter, if you are capable of making and understanding this decision.

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Delaware Revocation of Power of Attorney for Care of Child or Children