Legal Notice for Cancellation of Power of Attorney

What is Legal Notice for Cancellation of Power of Attorney?

If due to some reason any person is unable to do any particular act, or appear before the Court, any other authority, or to execute any particular document, then he/she can issue Power of Attorney. However, if the attorney after the execution of a Power of attorney does anything against the terms of it, then a legal notice for cancellation of power of attorney can be sent to him by the principal. The principal before taking any other action must send a legal notice for revocation of power of attorney.

Why is Legal Notice for Cancellation of Power of Attorney required?

The legal notice for cancellation of power of attorney is required in the following scenarios, when:

• The attorney does anything contrary to the terms and conditions of the Power of Attorney

• The work or business is complete for which the power of attorney exists

• If the principal himself/herself completes the work   

What should a Legal Notice for Cancellation of Power of Attorney cover?

Legal notice for cancellation of power of attorney must contain these essential points:

• Name, description, and place of residence the person or persons

• Name, description, and place of residence of the sender of the notice

• Details of the cause of action

• The detailed description of the incident which raised the cause of action

• The specific time for revoking the power of attorney

Format for Legal Notice for Cancellation of Power of Attorney

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NOTICE OF REVOCATION OF POWER OF ATTORNEY









I, __________________________________________ residing at_____________________ ________________________________________________ hereby revoke, and rescind the Power of Attorney executed by me on _____________________. I also revoke all authority, rights and power granted by me thereunder.



Notice is hereby given that effective ________________________________ the said Power of Attorney will be null and void and will be of no further force or effect.





Executed this ______ day of __________________20 ____ at ________________________





Signature: ________________________________





In the presence of the undersigned witnesses:





Witness 1.



Name: ______________________



Address: ______________________



_______________________



Signature: ________________________





Witness 2.



Name: ______________________



Address: _____________________



________________________



Signature: ________________________

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Documents Required for Legal Notice for Cancellation of Power of Attorney

No specific documents are required for drafting a legal notice for the cancellation of power of attorney. However, the power of attorney must be scrutinized before sending the legal notice for cancellation. Also, the details of the parties and their addresses must also be checked before a legal notice for cancellation of power of attorney is being sent.

Procedure for Legal Notice for Cancellation of Power of Attorney

In order to cancel or revoke any Power of Attorney, there are certain specific steps that need to be followed in a particular manner in order to legally revoke such a Power of Attorney. The steps for such revocation of the Power of Attorney have been enumerated below:

• Firstly, only a POA that is of a revocable nature can be cancelled after it has only been duly notarized by issuing a notice or a letter of revocation to the respective Attorney.

• Such a letter of revocation must mention the reason for which this power (POA) is being revoked along with the effective date of revocation and the consequences of such an action therein.

• Such a notice of a letter must be duly served upon the Attorney for proceeding with the revocation procedure.

• Furthermore, a paper publication is also required to be sent after issuing such letter of revocation so as to inform all interested parties of the same.

• Moreover, a revocable Power of Attorney that is registered before a registrar or a sub registrar can be revoked through the Deed of Revocation, wherein such a deed is also required to be registered at the place of residence of the executor.

• Such a deed is required to comprise of the reason for such revocation, the effective date of the revocation and the consequence which may follow.

• After this deed has been drafted and registered, a copy of it must be sent to the Attorney in order to intimate him of such a revocation.

• Next, a paper publication must be necessarily made after issuing such a Deed of revocation for making sure that the public in general has intimation about the power having been revoked thereof.

• However, it is important to note that it is highly difficult to revoke an irrevocable power of Attorney particularly if the Attorney in question has an interest in the subject matter of the Power of Attorney.

• But in the case of a breach of the power, a revocation notice can be issued and in some specific cases even a court of appropriate jurisdiction ould be approached in order to bring forth the revocation of the POA.

• However, the Power of Attorney also automatically stands cancelled or revoked in case of the death, insolvency or insanity of the executor in question or even the Attorney or in such cases wherein the primary purpose of the POA has been concluded.

Legal Considerations for Legal Notice for Cancellation of Power of Attorney

One needs to note the following cases when the Principal cannot revoke the power of attorney such as:

• When the attorney has some right and interest over the subject matter. For that, the power of attorney, the principal cannot revoke the power of attorney. In this case, the consent of the attorney is mandatory for revocation.

• In case the attorney partly exercises his duty in accordance with the clauses of the power of attorney. Then there is no deprivation of the right of the act which he performs.

How can a lawyer help to draft Legal Notice for Cancellation of Power of Attorney?

Legal notice for cancellation of power of attorney is a legal document and thus hiring a documentation lawyer for the purpose of drafting and execution is an important step. A documentation lawyer, owing to his years of experience in drafting legal notices, can guide you through the procedure of drafting along with the documentation required and the legal considerations to be kept in mind for the same. He/she can ensure that all legal formalities are fulfilled while sending the legal notice and that no legal harm is caused that cannot be rectified even with future legal proceedings.

• Disclaimer: The information contained in the sample document is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Site or document format DOES NOT create or constitute a solicitor-client relationship between LawRato or any employee of or other person associated with LawRato and a user of the Site. The information or use of documents on the Site is not a substitute for the advice of a lawyer.

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