What formal steps are needed to file a revocation of power of attorney in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, you generally can revoke a power of attorney, but the key “formal” requirement is making sure the agent and any third parties relying on the document receive notice—because a power of attorney may continue to be treated as valid until notice of revocation is received. If your power of attorney has been used with banks, health care providers, or for real estate, the safest approach is a written revocation and targeted notice to everyone who might rely on it.
What Pennsylvania Law Says
Under Pennsylvania law, revocation is not just about signing a new document—it is also about preventing continued “good faith” reliance on the old power of attorney. If an agent (or a bank, title company, etc.) acts without actual knowledge that the power has been terminated, Pennsylvania law can protect those actions and still bind the principal or the principal’s successors.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 5605.
This statute establishes that certain events and terminations (including death, incapacity for non-durable POAs, and divorce-related revocation of a spouse-agent) do not necessarily stop an agent’s authority as to people who act in good faith without actual knowledge—making notice a central issue when you revoke.
If your question is specifically about a health care power of attorney, Pennsylvania also allows revocation by a writing or by personally informing the attending physician/health care provider/agent. See 20 Pa.C.S. § 5459.
For more background, you may also find helpful: Can I Change or Revoke a Power of Attorney After It’s Signed in Pennsylvania? and How Do I Remove (or Replace) a Power of Attorney Agent in Pennsylvania?.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: If the agent has already taken actions (especially transfers), delay can make disputes harder and can increase the risk that third parties claim they relied in good faith before learning of the revocation.
- Burden of Proof: In many real-world disputes, the fight becomes whether the agent or a third party had actual knowledge of termination/revocation at the time they acted—often turning on documents, communications, and timing. See 20 Pa.C.S. § 5605.
- Exceptions: Different rules can apply depending on the type of POA (financial vs. health care), whether a spouse is the agent and a divorce has been filed, and whether the POA has been used for recordable real estate instruments—each of which can require additional legal analysis and coordination.
Trying to handle this alone can leave gaps—like failing to notify the right institutions—so the old power of attorney continues to be honored, or so you face avoidable disputes about whether notice was effective.
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Disclaimer: This article provides general information under Pennsylvania 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.