Free New York Power of Attorney Revocation Form

Revoking a Power of Attorney in New York

In New York, the individual who created the Power of Attorney (the principal) has the right to revoke it at any time, as long as they are mentally competent. The revocation must be clearly stated in writing and properly delivered to prevent continued use by the agent.

New York Legal Framework

According to the New York General Obligations Law (NY GOL §5-1511), a principal may revoke a Power of Attorney if they are of sound mind and understand the consequences of doing so.

Revocation may require court involvement or a guardianship case if the principal has become incapacitated.

The revocation takes effect when the agent receives a signed written notice. Financial institutions or other third parties are not obligated to honor a revocation unless they’ve received direct notice.

Written Revocation and Notification Requirements in New York

To revoke a Power of Attorney in New York, follow these steps:

1. Draft and sign a written notice stating that you are revoking the document.
2. Include the date of the original Power of Attorney
3. Include the name of the agent as stated in the original POA
4. Send a copy of the revocation to the agent and any third parties who may rely on the POA. This could include your legal representatives, banks, or doctors, for example.

It’s recommended that you use a certified mail service, so that you have proof of delivery. This could be important if a dispute arises.

Is Notarization Required for a Revocation in New York?

New York law does not require notarization of a revocation form. Nevertheless, notarizing your form may be a good idea. Before they accept the revocation, some New York institutions may request a notarized copy. This is a common requirement for financial or property matters, for example.

If your original POA was filed with a County Clerk, you should file the revocation in the same office. This ensures public records reflect the cancellation.

Helpful Resources

Here are official resources to learn more about revoking a Power of Attorney in New York:

• New York General Obligations Law §5-1511
• New York Department of Taxation and Finance - POA Information
• NY Department of State – Advance Directives and POA Overview