Affidavit of Principal that Power of Attorney not Revoked and in Full Force
Overview of this form
The Affidavit of Principal that Power of Attorney not Revoked and in Full Force is a legal document that allows a Principal to affirm that their Power of Attorney remains valid and has not been revoked. This form serves a distinct purpose from other Power of Attorney forms by specifically certifying the continued efficacy of the original document, ensuring that the appointed Agent can act on behalf of the Principal without interruption.
What’s included in this form
- Principal's identification and residence details.
- Details of the Power of Attorney, including the date it was signed and the Agent's name.
- Affirmation that the Power of Attorney is still in full force, not revoked, amended, or canceled.
- Signature of the Principal, confirming the authenticity of the affidavit.
- Notary public acknowledgment to validate the affidavit.
State-specific requirements
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
When this form is needed
This affidavit is used when a Principal needs to clarify that their Power of Attorney is still active and has not been canceled. Situations that may require this document include financial transactions, legal matters, or when proving the validity of the Power of Attorney to third parties such as banks or healthcare providers.
Who this form is for
- Individuals who have granted Power of Attorney to an Agent and need to affirm its validity.
- Principals who wish to engage in transactions or proceedings that require proof of an active Power of Attorney.
- Those residing in states where this affidavit format is applicable, excluding Florida, Georgia, Michigan, Ohio, South Carolina, and Vermont.
Steps to complete this form
- Identify yourself as the Principal and provide your current county and state of residence.
- Enter the date on which the original Power of Attorney was signed.
- Specify the name of your Agent as indicated in the Power of Attorney document.
- Certify that the Power of Attorney remains valid and has not been revoked.
- Sign the affidavit in the presence of a notary public to verify the document.
Is notarization required?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Typical mistakes to avoid
- Failing to attach a copy of the Power of Attorney document.
- Not providing complete and accurate information about the Principal or Agent.
- Neglecting to have the affidavit notarized, which is essential for its validity.
- Using this form in states where it is not applicable.
Benefits of using this form online
- Instant access to a professionally drafted legal form.
- Convenience of completing the form from home without needing to visit a lawyer.
- Editability to personalize the form to fit specific needs.
- Quick download for immediate use and filing.
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.
