Silver Spring, MD asked in Contracts, Estate Planning and Family Law for Maryland

Q: How do I revoke or modify power of attorney? Must the current agent(s) sign or be notified of the new PoA terms?

I'm 23 years old, and my parents have power of attorney over me - I agreed to it at the time, they presented it in a way that seemed reasonable and I didn't realize THAT'S CRAZY. They have both the medical kind (HIPAA permission?) and durable PoA for non-medical stuff.

I want to revoke their power of attorney, or at least amend it to limit their abilities so they can only step in if I'm *truly* incapacitated. Do the current agents have to sign off on, or be notified of, changes or revokations of an existing PoA agreement? Based on the insane boundary overstepping of the original PoA, I'd prefer not to have them involved in or aware of it being undone/revised.

I guess if they don't know theirs is invalid, they could present it and think it's usable. However, if I'm cognizent enough to be making my own decisions, I would probably be cognizant enough to whip out a revised PoA that says "YOU CAN'T DO THAT." If I'm incapacitated, then they should probably be involved.

1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You can revoke at any time in writing. Ideally, you simply create a new POA that revokes all prior POAs. You should send written notice to whomever is named agent under your POA being revoked. That way, if they attempt to act, they are doing so knowing their authority or revoked, which makes them civilly liable and may potentially be prosecuted as a crime.

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.