Indiana Notice of Revocation of Power of Attorney for an Unrecorded Power of Attorney

State:
Multi-State
Control #:
US-OG-356
Format:
Word; 
Rich Text
Instant download

Description

This form is used by a Principal to declare that all power and authority granted under a Power of Attorney, which was not recorded, to a specified individual as Agent and Attorney-in-Fact for Principal is revoked, terminated, and withdrawn as of the Effective Date stated on the form.

How to fill out Notice Of Revocation Of Power Of Attorney For An Unrecorded Power Of Attorney?

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FAQ

In Indiana, a durable power of attorney grants an Agent the authority to act on one's behalf for their business and financial affairs, even if they become incapacitated. This is in contrast to a general power of attorney, which terminates upon incapacity.

A Revocation of Power of Attorney must plainly state your desire to revoke a previous POA and include: The principal's name. The attorney-in-fact's name. The date the Power of Attorney took effect. The date the Power of Attorney is revoked. A notary public seal of certification (only required in certain states)

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 The AIF also has to be notified that the POA has been revoked.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.

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.

Section 2(21) Indian Stamp Act 1899: Power-of-attorney includes any instrument empowering a specified person to act for and in the name of the person executing it. A power of attorney should be clear and understandable.

REVOCATION by Principal: I declare that all power and authority granted under said Power of Attorney is here by revoked and withdrawn, and Attorney in Fact no longer has the authority to act in my behalf in any matter.

Once more, if the principal is not a legally capable person, you cannot obtain a power of attorney. You must petition the Circuit Court to be appointed as an adult guardian or conservator if you wish to make decisions for someone who is unable to give their consent.

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Indiana Notice of Revocation of Power of Attorney for an Unrecorded Power of Attorney