How to Change a Power of Attorney
How to Change a Power of Attorney
Eric Reed Wed, September 22
Power of attorney is an important legal planning tool. It is commonly used for estate planning, medical management, financial management and much more. It’s also a flexible tool. You have the right to change or revoke a power of attorney at absolutely any time. Moreover, changing or revoking a power of attorney is extremely simple (by design). What follows is a general description of how to make that change, not legal advice, which should be sought from an attorney familiar with relevant laws in your state. Consider working with a financial advisor as you put together or modify your estate plan.
Power of Attorney, Defined
A power of attorney, also known as a letter of attorney, is a legal document that you sign to authorize another person to act on your behalf. The person who is giving his or her power is known as the principal, the grantor or the donor. The person taking on the power is known as the agent or the attorney-in-fact.
The grantor can choose which rights to give the agent. For instance, if you have a disease that may leave you incapacitated, you can give medical power attorney to an agent to make decisions about treatment when you become unable to do so. Grantors could also give the agent the right to make financial decisions for them, including over their investment accounts. For example, if you are going on a six-month trip around the world, you may grant POA to someone to help you run your rental properties.
If you need someone to represent you and discuss your tax problems with the IRS, you can complete IRS Form 2848. This form is the power of attorney and Declaration of Representative form. Since tax information is considered private information, you’ll need to formally give another person permission to address your personal tax issues.
How to Change a Power of Attorney
There are usually five key steps in changing a power of attorney.
Notify the person currently holding power of attorney
If you would like to make changes, make sure to notify your existing power of attorney right away. This is particularly urgent if you are reducing or eliminating their authority. You would like them to stop taking action right away, or to know that these changes are coming so that they don’t make future plans. You will also have the chance to discuss your needs, and how best to tailor any changes that you’re making.
Put the change in writing
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