A power of attorney is a legal document that lets one person give another person permission to make decisions or take actions on their behalf. Examples are handling money, property, or healthcare choices if they can’t do it themselves.

All Powers of Attorney automatically end at your death. They can only be used while you are living. However, there may come a time before then when you decide that you would like to revoke or cancel your Durable Power of Attorney.

Unregistered Durable Power of Attorney

If your Power of Attorney has not been registered with the Register of Deeds, it may be revoked in the following ways:

• Write and sign a revocation. This is a written document that says you want to cancel your Power of Attorney. It must be signed in front of a notary.
• Physically destroy the document. You can burn, tear, or otherwise destroy your Power of Attorney if you mean to cancel it. Someone else can do this for you if they are acting under your direction and in your presence. You must be mentally able to make this decision at the time.
• Follow any other cancellation method that you included in your Power of Attorney document.

You must notify your agent (the person you named in your Power of Attorney) that you have revoked the Power of Attorney. You can do this by hand deliver, mail or certified mail. It’s best to document the revocation by certified mail, return receipt requested.

Registered Power of Attorney

If your Power of Attorney has been filed with the register of deeds, it may be revoked in the following way:

1. Write and sign a revocation. This is a short document that says you are canceling your Power of Attorney. You must sign it in front of a notary public.
2. File the revocation at the same Register of Deeds office where your Power of Attorney was first filed. You must do this yourself and only if you are mentally able to make your own decisions.
3. Tell your Attorney-in-fact (or “agent”, the person you named in your Power of Attorney). Let them know that you have canceled their authority. You can send this notice by mail.

Before attempting to revoke a Power of Attorney, please contact an attorney. There are specific legal rules about what information the document must include.

If you have any questions about revoking your Power of Attorney, you can call the Duke Health Justice Clinic at 919-613-7169.