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To cancel a power of attorney, the Deed must be signed by the Donor and the Attorney must be informed that their power to act has been revoked. The Attorney's authority doesn't cease until they receive notice of the revocation, so a copy of the form should be sent to each Attorney.
The durable power of attorney must either be notarized (in practice this is preferred) or witnessed by two persons who are not the agent (the person who may act for the principal). The witnesses must also sign the power of attorney.
Therefore, by virtue of this section, a power of attorney can not be revoked by the principal without the consent of the agent if the agent has an interest in the subject matter of the Power of Attorney. Moreover, such Power of Attorney is not deemed to revoked even after death or insanity of the principal.
An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.
Until an attorney-in-fact's powers are properly revoked, they can continue to legally act for the principal. To cancel a Power of Attorney, the principal can create a document called a Revocation of Power of Attorney or create a new Power of Attorney that indicates the previous Power of Attorney is revoked.
How to write an affidavitWrite the heading AFFIDAVIT.State your name and personal details (i.e. ID number, gender, address, contact details, etc.).State that you are making a declaration under oath (i.e. I, the undersigned, declare the following under oath).Write the facts in a numbered list.More items...
In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct, and that I agree to abide by the terms in this affidavit.)
A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.
Affidavits are a vital part of court proceedings since they provide a written account of the details surrounding the case, which can make it easier for judges to make decisions. They are also useful for record-keeping purposes.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.