Power of Attorney

A power of attorney does not have an expiration date unless the principal includes a termination date in their power of attorney form. Nevertheless, it is recommended that you review the power of attorney regularly to determine if any changes are needed. Major life events, such as the birth of a child or receiving new assets, may make it necessary to amend the form or create a new one. If you need to do this, simply use LegalNature's form to revoke your first power of attorney and modify your wishes.

The principal is under no obligation to maintain a power of attorney and can end the power of attorney at any time and for any reason. It is always a good idea to notify your agent and any third-party institutions that you are cancelling your power of attorney.

To revoke a power of attorney, you need to expressly indicate this in a written form. You can use our revocation form to revoke your existing power of attorney or create a new power of attorney that indicates the previous power of attorney is revoked.

There is normally no need to register a power of attorney with a specific government office. The only exception to this is that in some states a power of attorney will need to be registered with the County Clerk’s Office in order to deal with the sale or purchase of real estate.

Yes, there are some things that an agent cannot do on your behalf. This list varies depending on what state you are in; however, common exclusions are that your agent cannot vote for you or create or amend a last will and testament.

In all states, a general power of attorney will cease to be effective if the principal becomes incapacitated. If the principal specifies that the power of attorney is to be durable, then the agent’s powers will continue even if the principal is incapacitated.