Who can override a Power of Attorney?

What is Power of Attorney?

A power of attorney is a legal document that allows one person (called the “principal”) to give another person (called the “agent” or “attorney-in-fact”) the authority to make decisions and act on their behalf. This can be useful in many situations, such as if the principal is traveling, ill, or otherwise unable to handle their affairs.

Different Methods to revoke Power of Attorney

1. Create a Revocation Document: Write a formal document stating that you are revoking the power of attorney. This document should include:
   • Your name and the agent’s name.
   • A clear statement that you are revoking the power of attorney.
   • The date of the original power of attorney.
   • Your signature is often notarized to add legal weight.
2. Notify the Agent: Inform the person you appointed as your agent that the power of attorney has been revoked. This can be done in writing and should ideally be delivered in person or by certified mail to ensure they receive it.
3. Notify Relevant Third Parties: Inform any institutions, like banks, healthcare providers, or government agencies, that the power of attorney has been revoked. Provide them with a copy of the revocation document to update their records.
4. Destroy All Copies: If possible, retrieve and destroy all copies of the original power of attorney document to prevent its future use.
5. Public Notice: In some cases, especially if the power of attorney was recorded with a public office (like for real estate transactions), you may need to file the revocation with the same office. Publishing a notice in a local newspaper can also serve as a formal announcement of the revocation.
6. Execute a New Power of Attorney: Creating a new power of attorney that explicitly states it revokes any previous powers of attorney can also serve as a revocation. Make sure to distribute copies of the new document to all relevant parties.

Conclusion

It’s important to note that the process for revoking a power of attorney may vary depending on the specific circumstances and the terms outlined in the original power of attorney document. Therefore, it’s advisable to consult with a legal expert or attorney for guidance on how to properly revoke a power of attorney in India.