Can I revoke a power of attorney without an exact date?

Full question:

When revoking a 'Power of Attorney,' it asks for the date, which I do not have. I misplaced my copy. Can I just put the year or put June 1, 2006 - August 30, 2006. Do I have to have the exact date it was signed by me? My ex-husband and I signed a 'PARENTAL CONSENT FOR RELEASE OF MEDICAL/EDUCATIONAL INFORMATION AND LIMITED POWER OF ATTORNEY FOR EDUCATIONAL DECISION MAKING'. Can I revoke this without his signature? It says in it 'I understand that this authorization, except for action already taken, is subject to revocation by me at any time. By revoking this does it put just him and I making decisions again.

Answer:

The process for revoking a power of attorney is determined by state law and the specific terms in the document. Generally, the entity accepting the power of attorney will have its own policies regarding revocation, which are based on contract law principles. While I cannot provide legal advice, I recommend contacting the entity that is enforcing the power of attorney to understand their requirements for revocation.

In many cases, both parents must consent for the authorization to remain effective. If one parent revokes their consent while the other does not, the release may no longer be valid. State laws typically do not require the revocation document to specify the exact date the power of attorney was signed. However, the document itself or the entity enforcing it may have specific requirements for revocation.

In some situations, you may use an affidavit to confirm the existence of the lost document. I suggest consulting a local attorney to review your specific circumstances and documents.

According to North Carolina law (N.C. Gen. Stat. § 32A-13), a power of attorney can be revoked by death, a written revocation executed by the principal, or other methods specified in the power of attorney itself.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A legal power of attorney typically cannot make decisions regarding the principal's will, vote on behalf of the principal in elections, or make medical decisions if the principal has been declared incompetent. These limitations ensure that certain personal rights and decisions remain with the individual.