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North Carolina Revocation of Power of Attorney for Mental Health Care

State:
North Carolina
Control #:
NC-P017B
Format:
Word; 
Rich Text
Instant download

Description Revocation Power Attorney File

This form provides a revocation for the authority granted in an advance instruction for mental health treatment, Form NC-P017, to act with regard to mental health treatment when you are incapable of providing informed consent to treatment or refusal to accept treatment.

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FAQ

Write "REVOKE" across the top of the form. If you do not have a copy of the power of attorney you want to revoke, submit a statement revoking the power of attorney. The statement must indicate that the authority of the power of attorney is revoked and must be signed by the taxpayer.

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.

The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney. You should also specify the date the original power of attorney was executed and the person selected as your agent.

To resign, you can simply write up a document titled "Resignation" saying "I hereby resign as Agent under the Medical Power...

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.

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.

Unless the power of attorney states otherwise, and they usually don't, a revocation of a POA must be made in writing. A verbal revocation may not be enough.A revocation will reference the existing POA and the current attorney-in-fact and revoke the document and the powers granted.

You can always resign. Just put in writing that you resign, deliver it to anyone you have dealt with under the PoA in the past, and to the principal and the alternate agent (if any) and you're done...

Consult the Principal If they're of sound mind, explain your concerns about the Agent to the Principal. Approach the Agent Through your attorney, request that the Agent step down if the Principal will not revoke the POA.

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North Carolina Revocation of Power of Attorney for Mental Health Care