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How do you revoke a durable financial power of attorney in New Jersey?

May 14, 2019 Morris, Downing, Sherred LLP

To revoke a durable financial power of attorney in New Jersey, you typically do one of two things, or both. You send a letter to your designated representative saying something to the effect of, “Please be advised, I hereby revoke the power of attorney dated ___, pursuant to which you were appointed as my attorney.” You would send it certified and keep a copy for your files.

Frequently you accompany that with a new, updated power of attorney. And typically since these are such broad form powers, it’s not necessary to revoke it in order to change its terms. It’s usually necessary to revoke it to change the designated agent. For example, if I appointed my brother and he passed away, then I would need to appoint someone else. Or, if I’ve had a falling out with my designated representative, I might want to revoke a power of attorney and designate another agent in his or her stead.

So you would revoke it by sending a written notification to the attorney in fact. And if in fact, prior to that point in time, the power of attorney had been utilized at a bank or other financial institution, then the similar notice would be sent to any such bank giving them notice that it had been revoked.

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