How can I revoke or change a Durable Power of Attorney in Texas if my circumstances or wishes change?

Draft and Sign a Revocation Notice

A revocation notice is a formal declaration in writing that you are withdrawing the power of attorney granted on a specific date.

Ensure to sign this notice before a notary public and have it recorded by the clerk in Texas.

The notice should be dispatched through certified mail or delivered in person to the designated agent.

It’s crucial to distribute copies of this revocation to every individual and organization your agent has dealt with on your behalf, ensuring they are aware of the withdrawal.

This list encompasses banks or financial institutions where you hold assets, real estate brokers, landlords, healthcare providers, tax agencies, family members, and so on.

Eliminate All Existing Copies of the Power of Attorney

The act of canceling a power of attorney document is effective only if the agent was unaware of the document or never received a copy.

Consider this – if you discard your original and any duplicates you possess, but the agent retains their copy, it remains effective.

Hence, the importance of drafting and signing a revocation notice, and ensuring it reaches the agent as well as all relevant parties potentially impacted.

Institute a New Power of Attorney

To nullify a power of attorney, you can formulate a new one, incorporating a clause that annuls all previously granted powers of attorney.

This method ensures the new power of attorney document takes precedence over any past documents.

HOW TO DEMONSTRATE MISUSE OF POWER OF ATTORNEY?

Selecting a trustworthy agent is vital, yet it’s not rare for agents to misuse their authority.

Misuse can manifest in various ways, particularly if the principal is incapacitated, providing the agent an opportunity to exploit the situation.

To unequivocally demonstrate power of attorney misuse, financial documentation is key.

Agents are obligated to prioritize the principal’s interest above their own, forbidding personal gain from the principal’s assets.

Evidence of the agent withdrawing funds from the principal’s account serves as proof of power of attorney misuse.

For further assistance, contact the Law Office of Dana Baker at 979-310-5507, located in Texas.