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How do you revoke power of attorney?

Reaching the point of incapacity is something that you may need to contemplate as part of your estate planning. If and when that happens, who is to make important decisions in your stead (particularly involving your medical care)? Empowering a family member or friend in Providence with durable power of attorney eliminates the issue of who will act on your behalf in regard to your health care. There may even be scenarios where you might want to grant another with this authority even if you are not completely incapacitated. Yet simply giving one power of attorney privileges does not necessarily mean that all of their decisions may be in your best interest. 

The prompts the question of whether or not there is a way to revoke a durable power of attorney. Section 23-4.10-3 of Rhode Island's General Laws states that you can revoke a durable power of attorney at any time in any manner in which you are able to communicate. This may include the spoken or written word, or any other available means of communication. Your wishes in this regard are to be respected regardless of your mental or physical condition at the time. Thus, whoever had previously been granted power of attorney cannot argue that you are not in the right mental state to make such a decision. 

Your desire to revoke a durable power of attorney must be communicated to the physician treating you or whatever healthcare providers respond to an emergency situation you are involved. The revocation is effectively immediately, yet it must be documented in your medical record in order to be referenced in the future. 

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