Russo, Rosalina & Co., LPA

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After creating a power of attorney (POA), an Ohio estate owner can choose to revoke that document. For example, if the person who granted the power passes away, the document typically terminates upon their death. The individual who grants the POA could also choose to let it expire at a certain date in the future. However, most powers are intended to be durable, which means that they last forever.

There is a third way for a POA to be terminated before the grantor dies and if there is no set expiration date. This can be done by issuing a written revocation of the powers granted to the attorney-in-fact. It is important to note that the POA does not terminate until he or she receives it. In the event that the attorney-in-fact refuses to cede power, multiple copies of this letter should be sent to wherever that person may go.

Furthermore, a certified copy should be sent to this person’s home or place of business. In most cases, it won’t be valid to claim that an individual wouldn’t have known about something that was sent directly to a personal or business mailbox. If that doesn’t work, it may be necessary to retain another attorney to help resolve the matter in a favorable manner.

An entity that’s granted power of attorney generally has a responsibility to work in the grantor’s best interest. In some cases, a POA limits the decisions a financial or health care agent can make on behalf of the grantor. If necessary, the POA can be revoked if it no longer meets the needs of the person who created it. If there are problems doing so, it might be worthwhile to hire an attorney to resolve the situation.