McDonald Warner - Probate, Elder Law, & Special Needs

How to revoke a power of attorney in Arizona

In Arizona, some estate owners grant powers of attorney to designated people to help them to manage their finances. A power of attorney could be immediately effective, or it may only come into effect if the grantor is found to be mentally incapacitated.

In some cases when granting of a power of attorney is immediately effective and does not depend on mental incapacitation, the grantor may later decide to revoke those powers. This might occur when the grantor no longer needs help or has grown to distrust the attorney-in-fact.

People who are competent can revoke powers of attorney that they have granted to others at any time. To do this, they need to issue revocations in writing and make certain that the attorneys-in-fact are aware of the revocations. They should send copies by certified, return-receipt email. They should also send emails and text messages to the attorneys-in-fact so that there is a clear record that they have been notified. Finally, people should give copies of the revocation to their banks and other financial institutions to provide notification. If the attorney-in-fact continues to try to act despite the revocation, the grantor might want to talk to an experienced estate lawyer for help.

Powers of attorney are important estate planning tools because they can allow people to designate others to handle their important financial affairs in the event that they become incapacitated and are no longer able to make decisions for themselves. However, an estate owner should be careful when they choose who will serve as their attorney-in-fact. An estate planning lawyer could help a client with the process and prevent future problems. For example, the attorney could draft the document in such a way that it only becomes effective in the event of incapacitation that is certified by more than one doctor.

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