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Usually, it will require a formal contest in court, unless the agent voluntarily resigns their power of attorney.If an agent continues to make decisions of behalf of the principal after a non-durable power of attorney ends, a third party would be able to contest any decisions made in court.

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.

Because an incompetent person cannot revoke a POA, an incompetent principal also cannot name a new agent or create a new POA.

Oral and written Depending on the jurisdiction, a power of attorney may be oral and, whether witnessed, will hold up in court, the same as if it were in writing. For some purposes, the law requires a power of attorney to be in writing.

You can revoke your durable power of attorney as long as you are of sound mind and physically able to do so. The sound mind requirement is not difficult to satisfy. If someone challenged the revocation, a court would look only at whether or not you understood the consequences of signing the revocation.

If you're mentally competent and no longer wish to have someone appointed as your power of attorney, you can cancel it by submitting a formal revocation form, as well as notifying the individual and other relevant third parties, in writing. You may want to cancel your power of attorney for several reasons.

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.