How to Amend a Durable Power of Attorney

By J.S. Nogara

A durable power of attorney is a legal document which allows an individual to appoint another person or persons to act on his behalf as an agent. This agent can perform a limited or unlimited variety of functions. Moreover, this type of power of attorney takes effect upon execution and therefore can be utilized immediately. In order to amend the power of attorney, one must take specific action.

Obtain the appropriate durable power of attorney form for the state in which you reside. Check with a local legal stationery store or at an internet legal forms supplier in order to obtain this form. Alternatively, retain an attorney and have the attorney provide the correct form.

Properly complete the form. The form is always accompanied by instructions regarding the proper method of completion. Every state has different requirements, so make sure the accompanying instructions are specific for your form. Indicate exactly what functions you wish to allow your agent to perform on your behalf.

Sign the power of attorney in the presence of two witnesses and a notary public. Have the notary public notarize your signature in order to validate that you executed the document.

Contact the current holder of the power of attorney and advise him that the current power of attorney is no longer effective as you have executed a new one. The execution of a new power of attorney terminates the former one.

Contact any institutions or individuals who have been dealing with the former agent in order to advise them that a new power of attorney is in effect.

About the Author

J.S. Nogara began writing in 2000, publishing in legal texts, newspapers, newsletters and on various websites. Her credits include updating "New York Practice Guides: Negligence." She is a licensed attorney admitted to the New York State courts and the Federal Court, Southern District in New York. She has a B.S. from the University of Connecticut, a J.D. and an LL.M. degree.

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