Q: Who all needs to be added on a revocation of power of attorney form?
My parents own a home (both their names are on the mortgage) which they gave power of attorney to someone a few years ago. I am wanting to get a revocation of power of attorney to take that persons powers away. However, I would like to know, do both my parents name need to be on the document or can the name of just one parent be on it? Additionally, does the person who the power of attorney is being taken from need to be present to sign the document in front of the notary?
A: Anyone who signs a power of attorney appointing someone as agent must sign the revocation. In addition, they must notify all interested parties (the former agent, any bank or other entity which might be asked to treat the power of attorney as current). Anyone who is not notified is entitled to treat the power of attorney as though it had never been revoked. A revocation should be recorded with the county clerk of every county where real property is located and sent to the former agent and any other potentially interested entity by certified mail, return receipt requested.
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