How can I change or revoke my power of attorney after it’s signed? - Florida
The Short Answer
In Florida, you can generally change or revoke a power of attorney (POA) after it’s signed as long as you still have legal capacity. But simply signing a new POA does not automatically cancel an older one unless the revocation is clearly expressed and proper notice is given to the agent and any third parties relying on it.
What Florida Law Says
Florida law allows a principal (the person who granted the POA) to revoke a POA in writing, including by signing a later document that clearly states the earlier POA is revoked. Florida also focuses heavily on notice: until written notice of revocation is provided to the agent and relevant third parties, the revocation may not be effective against them.
The Statute
The primary law governing this issue is Fla. Stat. § 709.2110.
This statute establishes that a principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal.
Florida’s notice rule is addressed in Fla. Stat. § 709.2121, which explains that a notice (including a notice of revocation) is not effective until written notice is provided to the agent or third persons relying on the POA.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict “Notice” Issues: Under Fla. Stat. § 709.2121, revocation may not be effective against an agent or third party until written notice is provided, and special timing rules can apply to financial institutions.
- Risk of “Competing” POAs: Florida law states that executing a new POA does not automatically revoke an older one unless the revocation is clearly expressed. See Fla. Stat. § 709.2110(2).
- Capacity and Disputes: If someone claims you lacked capacity or were pressured when revoking/changing the POA, the situation can quickly turn into a contested matter requiring evidence and legal strategy.
If you’re trying to stop an agent from acting (or you suspect misuse), delays or incomplete notice can create real financial consequences. An attorney can help ensure the revocation is enforceable and communicated in a way that reduces the chance of continued reliance on the old POA.
For related reading, see: Does a Power of Attorney Still Have Authority After Death in Florida? and Can a Power of Attorney Manage Assets After Death in Florida?.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.