Affidavit of Principal that Power of Attorney not Revoked and in Full Force
Definition and meaning
An Affidavit of Principal that Power of Attorney Not Revoked and in Full Force is a legal document in which the principal (the person granting power) confirms that their designated agent continues to have authority under the power of attorney. This form is important in situations where third parties need assurance that the agent's powers have not been modified or taken away. It helps affirm the validity and effectiveness of the power of attorney.
Who should use this form
This affidavit is suitable for individuals who have granted power of attorney to another person and wish to validate that the power has not been revoked. Individuals managing financial affairs, legal decisions, or healthcare matters should consider using this form if there is any doubt about the agent’s authority or if required by organizations that recognize a power of attorney.
Legal use and context
The affidavit serves a critical function in various legal contexts. It is commonly used during property transactions, financial dealings, or healthcare procedures, where clear documentation of the authority of the agent is required. By asserting that the power of attorney remains in full force, the principal ensures that all actions taken by the agent are recognized legally. This affidavit can often be required by banks, real estate agencies, and medical institutions.
How to complete a form
To complete the Affidavit of Principal, follow these steps:
- Provide the full name and residence of the principal.
- State the date on which the power of attorney was originally signed.
- Name the person who has been appointed as the agent.
- Certify that the power of attorney is still in effect and has not been revoked.
- Sign and date the affidavit in the presence of a notary public.
Make sure to review the document for completeness and accuracy before submission.
Benefits of using this form online
Utilizing online resources to create your Affidavit of Principal offers several advantages:
- Accessibility: Available anytime, making it easy to complete the form.
- Guidance: Many online platforms provide step-by-step instructions, reducing the confusion often associated with legal documents.
- Cost-Effective: Downloadable templates are typically less expensive than hiring an attorney for simple agreements.
Form popularity
FAQ
The answer is Yes. If you change your mind about the person you chose to make decisions for you under a durable power of attorney, you can change it. In order to make changes to your Power of Attorney, however, you must have Legal Mental Capacity.
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.
If you're mentally competent and no longer wish to have someone appointed as your power of attorney, you can cancel it by submitting a formal revocation form, as well as notifying the individual and other relevant third parties, in writing. You may want to cancel your power of attorney for several reasons.
A principal can revoke the power of attorney while he or she is still mentally competent. A principal can complete a formal written document requesting the revocation of a power of attorney at any time, for any reason, while he or she is still competent. The principal must sign and notarize the revocation request.
Unless the power of attorney states otherwise, and they usually don't, a revocation of a POA must be made in writing. A verbal revocation may not be enough.A revocation will reference the existing POA and the current attorney-in-fact and revoke the document and the powers granted.
A revocable POA which has only been notarized can be cancelled or revoked by issuing a notice/letter of revocation to the Attorney. Once the deed is drafted and registered, copy of it should be sent to the Attorney intimating him of the revocation.
After you make a power of attorney, you can revoke it at any time, as long as you are of sound mind. But to make the revocation legally effective, you must carefully follow all the procedures set out in this section.
A principal can rescind a Power of Attorney at any time, even if the Power of Attorney has a specified end date, so long as the principal is competent and the attorney-in-fact is notified. Third parties (such as a bank or the Land Titles Office) should also be notified of the revocation.
