New York Revocation of Power of Attorney for Care of Child or Children
What this document covers
The Revocation of Power of Attorney for Care of Child or Children is a legal document used to officially revoke a previously granted power of attorney concerning the care and custody of a child or children. This form is important as it ensures that the authority delegated to an agent or attorney-in-fact for childcare matters can be terminated by the principal at any time they are competent. This form complies with all relevant state laws to protect your parental rights and responsibilities.
What’s included in this form
- Declarant's full name and contact information.
- Date the original Power of Attorney was executed.
- Name of the attorney-in-fact/agent being revoked.
- Signature of the Declarant revoking the Power of Attorney.
- Acknowledgement section for notarization purposes.
State-specific requirements
This Revocation of Power of Attorney for Care of Child or Children complies with the laws of New York State, ensuring all necessary provisions and formalities are observed for its validity.
When to use this document
This form should be used when a parent or guardian wishes to revoke a previously granted power of attorney concerning the caregiving authority for their child or children. Situations may include changes in personal circumstances, such as regaining the ability to care for the child, a lack of trust in the attorney-in-fact, or other personal reasons that necessitate the termination of the existing arrangement.
Who needs this form
- Parents or guardians who have previously granted a power of attorney for child care.
- Individuals who wish to revoke an existing child care power of attorney.
- Those who are legally competent to make decisions regarding the custody and care of their children.
Steps to complete this form
- Identify and enter your full name and contact information as the Declarant.
- Fill in the date when the original Power of Attorney was executed.
- Specify the name of the attorney-in-fact whose authority is being revoked.
- Sign and date the revocation to officially terminate the power of attorney.
- Have the document notarized by a licensed notary public to ensure legal validity.
Does this form need to be notarized?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Mistakes to watch out for
- Failing to sign and date the revocation form.
- Not providing the complete name of the attorney-in-fact being revoked.
- Skipping the notarization step when required.
Advantages of online completion
- Easy to access and download from any location.
- Editable templates allow for quick customization to fit individual needs.
- Reliability of documents drafted by licensed attorneys, ensuring compliance with state laws.
Quick recap
- Revocation of Power of Attorney is essential for changing legal caregiving arrangements.
- Certain steps, like notarization, are required for the document's validity.
- This form should be used when there are changes in circumstances or relationships affecting childcare decisions.
Form popularity
FAQ
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.
The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney. You should also specify the date the original power of attorney was executed and the person selected as your agent.
In other words, a Revocation of Power of Attorney is written confirmation that a principal (the person who appointed power in a Power of Attorney) no longer wants or needs their attorney-in-fact (the person who was appointed power in a Power of Attorney, sometimes called an agent or donor) to act on their behalf.
If you decide that you want to cancel / revoke a PoA that is registered with us, you will need to tell us. A PoA can only be cancelled / revoked by you, the granter, if you are capable of making and understanding this decision.
You can revoke your power of attorney at any time and for any reason, as long as you are mentally able. Your revocation must be in writing and you must inform banks and other institutions that may have relied on your power of attorney before you revoked it.
If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.
The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.
While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney.
