This affidavit is for a Principal to certify that the power of attorney has not been revoked and remains in full force. For all States except Florida, Georgia, Michigan, Ohio, South Carolina or Vermont.
Oakland Michigan Affidavit of Principal that Power of Attorney not Revoked and in Full Force
Category:
State:
Multi-State
County:
Oakland
Control #:
US-P098A
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Affidavits are a vital part of court proceedings since they provide a written account of the details surrounding the case, which can make it easier for judges to make decisions. They are also useful for record-keeping purposes.
If anyone believes that an attorney is not acting in the best interests of the donor or potentially abusing their position and they wish to challenge the attorney on their appointment or on specific actions that they have taken then they can report this to the Office of Public Guardian, which oversees these roles.
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.
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.
You can revoke your power of attorney at any time. If your power of attorney is registered, you much complete this form, pay a fee and submit the form and fee to the Land Titles office. To revoke a power of attorney, you and a witness must sign this form and take reasonable steps to notify your attorney.
An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.
The best way to revoke a POA is to inform the appointed attorney(s) in writing that the power of attorney is revoked which ends their appointment as attorney.
Revoking an enduring power of attorney A principal must have the same level of capacity to revoke an enduring power of attorney as they had to make it. An enduring power of attorney may be revoked by signing a revocation of the power of attorney (s 47 Powers of Attorney Act).
A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.
You can revoke (cancel) your power of attorney at any time. You just need to tell your attorney and collect and destroy the original documents. However, you must have capacity to do this, meaning that you are able to make your own decisions. You can also use the revocation form in our Power of Attorney Kit.
