A durable power of attorney is a legal document that allows you to appoint another person, called an agent or attorney-in-fact, to act on your behalf in financial, legal, or health care matters. A durable power of attorney remains valid even if you become incapacitated under a durable power of attorney.
There may be several distinct reasons why you may want to revoke your durable power of attorney, such as:
• You no longer trust or need your agent
• You want to appoint a different or additional agent
• Your agent is unable or unwilling to perform their duties
• Your circumstances or wishes have changed
• Your durable power of attorney is outdated or invalid
Whatever your reason, you have the right to revoke your durable power of attorney at any time, if you are mentally competent.
Here are the steps to follow to revoke your durable power of attorney in Indiana:
1. Prepare a written revocation. According to the Indiana Code, a durable power of attorney can be revoked only by a written instrument of revocation that identifies the power of attorney revoked and is signed by the maker. You can use a simple statement, such as “I, (your name), hereby revoke the durable power of attorney that I executed on (date) and appointed (agent’s name) as my agent.” Also, your attorney can draft a revocation. The revocation must be witnessed by a notary public.
2. Notify your agent and other parties. A revocation is not effective unless your agent or other person has actual knowledge of the revocation. Therefore, you need to inform your agent and any other person or institution that may have a copy or rely on your durable power of attorney, such as your bank, financial advisor, insurance agent, doctor, lawyer, or family members. You can also keep a record of who you notified and when.
3. Record your revocation. If your durable power of attorney was recorded with the county recorder’s office, you need to record your revocation as well at the same county recorder. Also, if you have any real estate in any other county, you need to record the revocation there as well. This will ensure that your revocation is public, and that no one can use your durable power of attorney without your consent.
By following these steps, this ensures that your revocation is valid and effective.