How to Revoke a Power of Attorney in Texas: A Guide

A power of attorney (POA) is a legal document that grants someone else the authority to make decisions on your behalf. While a POA can be an invaluable tool for managing your affairs, there may come a time when you need to revoke it.

This guide provides a comprehensive overview of how to revoke a power of attorney in Texas, including the legal requirements, process, implications, and important considerations.

Can a Power of Attorney Be Revoked in Texas?

Yes, a power of attorney can be revoked in Texas at any time, as long as the principal (the person who granted the POA) is mentally competent. This means that even if the POA was originally designated as “durable,” meaning it would remain in effect even if the principal became incapacitated, it can still be revoked as long as the principal currently has the mental capacity to do so.

Legal Requirements for Revoking a Power of Attorney in Texas

To legally revoke a power of attorney in Texas, the following requirements must be met:

The principal must have the mental capacity to understand the nature and consequences of revoking the POA.
The revocation must be in writing and signed by the principal.
The revocation must be notarized.
The agent (the person granted authority under the POA) must be notified of the revocation.

Landmark Case: Natho v. State

The importance of properly revoking a power of attorney in Texas was highlighted in the landmark case of Natho v. State, 326 S.W.3d 732 (Tex. App. 2010). In this case, Jeannine Natho granted her daughter, Jeanette Sarabia, power of attorney in 2005. In 2006, Natho executed a written revocation of the POA but did not provide notice to Sarabia.

Sarabia continued to act under the POA, writing checks from Natho’s account. Natho later passed away, and Sarabia was charged with theft and misapplication of fiduciary property. The court found that because Natho had not properly notified Sarabia of the revocation, the POA remained in effect, and Sarabia was not guilty of the charges.

This case underscores the importance of not only executing a written revocation but also ensuring that the agent is properly notified of the revocation for it to be legally effective in Texas.

How to Revoke a Power of Attorney in Texas: The Process

The process for revoking a power of attorney in Texas involves the following steps:

Draft a written revocation document that clearly states your intention to revoke the POA. Include the date of the original POA and the name of the agent whose authority is being revoked.
Sign the revocation document in the presence of a notary public. The notary will verify your identity and witness your signature.
Provide a copy of the signed and notarized revocation document to the agent, either in person or via certified mail with return receipt requested. This ensures that the agent is aware that their authority has been revoked.
Distribute copies of the revocation document to any third parties who may have relied on the original POA, such as banks, healthcare providers, or government agencies. This notifies them that the agent no longer has authority to act on your behalf.
Keep the original revocation document in a safe place along with your other important legal documents.

Implications of Revoking a Power of Attorney

When you revoke a power of attorney, the agent’s authority to act on your behalf is immediately terminated. This means that they can no longer make decisions or transactions in your name, access your accounts, or represent you in any legal or financial matters.

It’s important to note that revoking a POA does not automatically undo any actions the agent took while the POA was in effect. If the agent misused their authority or acted against your wishes, you may need to take additional legal action to address those issues.

Important Considerations When Revoking a Power of Attorney

Before revoking a power of attorney, consider the following:

Alternate arrangements: If you still require assistance managing your affairs, you’ll need to make alternate arrangements, such as appointing a new agent under a new POA or seeking guardianship or conservatorship through the courts.
Timing: Revoke the POA as soon as you no longer need or want the agent to have authority over your affairs. Delaying the revocation could allow the agent to take actions that are not in your best interest.
Communication: Inform the agent of your decision to revoke the POA in a clear and direct manner to avoid confusion or misunderstandings.
Record-keeping: Keep thorough records of the revocation process, including copies of the signed and notarized revocation document and any communications with the agent or third parties.

Do You Need a Lawyer to Revoke a Power of Attorney in Texas?

While it is not legally required to hire a lawyer to revoke a power of attorney in Texas, it is often recommended, especially if:

Complex or broad POA: A lawyer can review a complex original POA that granted the agent extensive powers, explain the full scope of authority being revoked, identify any concerns, and advise on necessary follow-up actions to protect your interests.
Suspected agent misconduct: If you believe the agent misused their authority, an attorney can investigate the situation, gather evidence, and recommend appropriate legal remedies like civil lawsuits, reporting to authorities, or seeking court orders to freeze assets.
Anticipated agent challenges: When an agent is likely to contest a revocation or challenge your mental capacity, a lawyer serves as an intermediary, handles communications, presents evidence supporting the revocation’s validity, and defends your interests in court if needed.
Drafting assistance and explaining implications: An attorney can properly draft a legally effective revocation document, ensure it meets Texas requirements, help you understand the revocation’s potential legal implications, and recommend updates to your overall estate plan to protect your wishes going forward.

So while not required, an experienced estate planning or elder law attorney provides essential guidance, support and advocacy when revoking a power of attorney in Texas, especially in complex, contentious or high-stakes situations. Their expertise helps ensure your rights and interests are fully protected.

An experienced estate planning or elder law attorney can provide valuable guidance and ensure that the revocation process is handled correctly.

Costs Associated with Revoking a Power of Attorney

The costs associated with revoking a power of attorney in Texas are generally minimal and may include:

Notary fees for witnessing and certifying the revocation document (typically $5-$20)
Certified mail fees for sending the revocation document to the agent (approximately $5-$10)
Legal fees if you hire an attorney to assist with the revocation process (varies depending on the complexity of the situation and the attorney’s hourly rate)

Conclusion

Revoking a power of attorney in Texas is a straightforward process that requires a written, notarized revocation document and notification of the agent. It’s important to understand the legal requirements, implications, and considerations involved in revoking a POA to ensure that your rights and interests are protected. If you have any doubts or concerns about the revocation process, consult with a qualified attorney who can provide personalized guidance based on your specific situation.

FAQs

Can a power of attorney be revoked verbally in Texas?

No, a power of attorney cannot be revoked verbally in Texas. The revocation must be in writing, signed by the principal, and notarized.

Does revoking a power of attorney require a specific form in Texas?

No, there is no specific form required to revoke a power of attorney in Texas. However, the revocation document must clearly state your intention to revoke the POA, identify the original POA by date, and name the agent whose authority is being revoked.

What happens if the agent refuses to accept the revocation of the power of attorney?

If the agent refuses to accept the revocation, it does not invalidate the revocation itself. As long as you have properly executed the revocation document and notified the agent, their authority is legally terminated. If the agent continues to act under the revoked POA, you may need to take legal action to stop them and seek damages for any harm caused.

Can a power of attorney be revoked if the principal becomes incapacitated?

A power of attorney can only be revoked by the principal if they have the mental capacity to understand the nature and consequences of the revocation. If the principal becomes incapacitated and does not regain capacity, the POA cannot be revoked unless a court determines that it is in the principal’s best interest to do so.

Is it necessary to notify third parties when revoking a power of attorney in Texas?

While not legally required, it is highly recommended to notify any third parties who may have relied on the original POA, such as banks, healthcare providers, or government agencies. This ensures that they are aware that the agent no longer has authority to act on your behalf, preventing potential confusion or unauthorized actions.