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Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.
While New Mexico does not technically require you to get your POA notarized, notarization is strongly recommended. Under New Mexico law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.
Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law. For revocation of irrevocable Power of Attorney, the principal is required to issue a public notice through local newspapers, without which, the revocation shall stand void.
Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872): If the principal revokes the Power of Attorney granted to the agent. If either the principal or the Power of Attorney holder or both become unsound of mind, die or is/are adjudicated as insolvent by the court.
Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.
Cancellation/Revocation of Power: In case the Executor/Principal finds that the Attorney has acted beyond the powers granted to him, or the purpose of the POA is over or the Attorney has died, turned insolvent or insane, the Executor/Principal may revoke the POA at his own will.
Firstly, only a POA which is of a revocable nature can be cancelled after it has only been duly notarized by issuing a notice or a letter of revocation to the respective Attorney.
How to revoke a General Power of Attorney?Get a notarized document drafted for revocation of the Power of Attorney expressing clearly that you want to revoke the authority of the said person.Advertise the same in a local or national newspaper that the said person is no longer authorized by you, to act on your behalf.13-Dec-2019
The General Power of Attorney can be revoked in the same manner which is, Get a notarized document drafted for revocation of the Power of Attorney expressing clearly that you want to revoke the authority of the said person.