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Power of Attorney, Legal Forms - Termination of Power of Attorney



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Power of Attorney<br>Related Legal Information  

Power of Attorney
Related Legal Information

To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you


Termination of Power of Attorney.

A Power of Attorney can be terminated in the following manner:
1) by fulfilling a specific provision of the agreement, such as the completion of the task for which the Power of Attorney was granted, e.g. the sale of a Property or a specified time period of three months;
2) revocation by the donor - a Power of Attorney may be revoked unless the donor granted the power to the donee for valuable consideration (such as securing some benefit for the donee) or unless it is specifically stated that it is not revocable. The revocation should preferably be written, although it could be revoked by way of the donor's action in intervening in negotiations between the donee and a thirty party or by verbal revocation.
3) by renouncement of the Power of Attorney by the donee/agent - A renunciation should also be in writing, signed by the donee and delivered to the donor and any other people dealing with the donee under the authority granted in the Power of Attorney.
4) by bankruptcy of the donor; 5) in some states, by death or mental incompetence of the donor. For example, if the Power of Attorney contains wording which states that it is irrevocable, then the Power of Attorney is not terminated upon the death of the donor. Legislation in some states also permits a Power of Attorney to survive a donor's mental incapacity if there is explicit wording to that effect and if it is witnessed by someone other than the donee/agent or his or her spouse. The Power of Attorney may, however, terminate upon a committee being appointed for the donor under the current legislation in your jurisdiction. Please be sure to read the current legislation for your jurisdiction. In almost all instances, this can be accessed via the internet.
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