Indiana Revocation of Power of Attorney for a Recorded Power of Attorney
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How to fill out Revocation Of Power Of Attorney For A Recorded Power Of Attorney?
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FAQ
The death, incapacity or bankruptcy of the donor or sole attorney will automatically revoke the validity of any general power of attorney (GPA). GPAs can be revoked by the donor at any time with a deed of revocation. The attorney must also be notified of the revocation or the deed of revocation won't be effective.
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording the power of attorney with the county recorder.
An Indiana power of attorney revocation is used when someone desires to terminate any type of power of attorney they previously executed. In addition to executing a revocation, the principal must alert their agent and any institution that may rely on the POA of the revocation.
The POA expires after five years from the date it was signed. Therefore, your client must renew their POA with DOR every five years.
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording the power of attorney with the county recorder.
Under Indiana law, a POA can be revoked by the principal by executing a written document that specifically identifies the POA to be revoked and is signed by the principal. The AIF also has to be notified that the POA has been revoked. The most common type of written instrument revoking a POA is a new POA.
In nearly all cases, this involves revoking the initial power of attorney. This is a legal matter and would require the principal to draft a new power of attorney (if desired), notify the current attorney-in-fact of the changes or revocation, and notify any parties who may be relying on the old power of attorney.
A PoA can be revoked as long as the principal is mentally sound, and it gets cancelled automatically if the principal passes away. The principal must inform the agent in writing about the revocation, sign the document in the presence of a notary public, and deliver it to the agent.
