Colorado Springs, CO asked in Estate Planning for Arizona

Q: In Arizona, does creating a new General Durable Power of Attorney (PoA) cause previous PoAs to be revoked or invalid?

I need to make changes to my Arizona General Durable Power of Attorney (PoA). I believe I need to create a whole new PoA rather than trying to amend the original PoA.

When I create the new PoA, does the original PoA automatically become revoked & invalid? Or, do I need to also to create a Revocation of a General Durable Power of Attorney document as well?

I have recorded the original PoA at a few places (banks, broker, county recorder, etc.). Does this affect which of these documents I will need to create?

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: You can state in the new power of attorney that it revoked all previous power of attorney. But you will also need to provide notice of revocation along with the new power of attorney to everyone who has the old one. If you have recorded the old power of attorney then you will need to either record the new one or record a notice of revocation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.