Lost trust - How do I revoke a power of attorney?

The power of attorney gives the authorized representative very far-reaching powers and therefore presupposes unrestricted trust in the authorized representative. But what happens if this trust is suddenly no longer there?

Revocation of the power of attorney

"The power of attorney can be revoked by the principal at any time; an irrevocable power of attorney is not permitted," explains notary Michael Uerlings, press spokesman for the Rheinische Notarkammer.

In order for the revocation to be effective and to ensure that the authorized representative does not continue to make use of the power of attorney - without authorization - despite the revocation, the following steps must be observed: First, the revocation should be declared to the authorized representative. In principle, this revocation can be declared informally, i.e. even (only) verbally to the authorized representative. However, it is important to know that the authorized representative can act on behalf of the principal as long as they hold the original - in the case of private written or notarized powers of attorney - or - in the case of notarized powers of attorney - a "copy" in their name. "Third parties, e.g. banks, can and may generally rely on the power of attorney being valid as long as the authorized representative presents the original or the copy," explains Uerlings and continues: "Against this background, the principal must always demand the original or the copy of the power of attorney back from the authorized representative." If the power of attorney was notarized by a notary, the principal should always inform the notary of the revocation. Finally, the notary is sometimes instructed to issue a new copy of the power of attorney if it is lost and the authorized representative requests this. If the notary becomes aware of the revocation, this will be noted on the original. This ensures that no further copies are issued to the authorized representative - not even by any successor in office to the notary. If the power of attorney is registered in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries, the notary shall also ensure that the revocation is also registered there.

Revocation requires legal capacity

The revocation of a power of attorney by the principal is ruled out if the principal is no longer legally competent. In this case, a guardian may first have to be appointed who can revoke the power of attorney. If there is no longer any contact and/or trust with the authorized representative, you should therefore not wait too long to revoke the power of attorney.

Notaries provide support with the creation and revocation of powers of attorney

Notaries can answer any questions you may have on the subject of health care proxies, notarize or certify your power of attorney and register it with the Central Register of Lasting Powers of Attorney. If you wish to revoke your power of attorney, notaries will inform you of the necessary steps and assist you with the implementation.