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Process of Cancellation of Power of AttorneyThe principal must draft a deed/notice of revocation of the PoA. The deed must mention the reason for which the POA is being revoked, the effective date of the revocation and the consequences of such an action.
Revocation is an annulment or cancellation of a statement or agreement. In the context of contracts, revocation may refer to the offeror canceling an offer.
What is a Deed of Revocation? A power of attorney gives someone else responsibility to make decisions for you. Their authority to act continues until the power of attorney is revoked (i.e. cancelled).
The South Carolina revocation power of attorney form is a legal document that may be used by a Principal to complete and inform an Agent(s) that their powers have been revoked. The signature of the Principal must be witnessed by a Notary Public before it may be acknowledged.
An ordinary power of attorney (OPA) is a legal document in which someone (the donor) gives another person (the attorney) the right to help them make decisions, or take decisions on their behalf. It can also be called a general power of attorney. An OPA can only be used if the donor has mental capacity.
If you have made and signed a Power of Attorney such as a Lasting Power of Attorney or an Ordinary Power of Attorney, you are perfectly within your rights to cancel it. It is also possible to make a Deed of Partial Revocation, which would allow you to remove an attorney without revoking the whole document.
When a principal grants his or her authority to an agent, it must be done in writing. Similarly, if the principal has decided that such an appointment must terminate, then he or she must put this forth in writing. This type of paperwork will need to be applied physically to the Agent for it to be effective.
In South Carolina, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (S.C. Stat. § 62-8-104.)
Revocation is the act of recall or annulment. It is the cancelling of an act, the recalling of a grant or privilege, or the making void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension.
There are three ways to revoke a power of attorney: by preparing a written revocation letter; by destroying all existing copies of your power of attorney; and by creating a new power of attorney document that supersedes the old one.