It is certainly possible to have more than one POA in place at the same time. Thus, to avoid confusion, it is best to (i) revoke all prior POAs within the terms of the new POA, (ii) notify the prior agent(s) that the the POA under which they were named has now been revoked, and (iii) request all outstanding signed copies of the prior POA document be returned to you so you can destroy them.
GrannySmith has mis-spoken. A DPOA can be revoked as long as the person granting the DPOA is mentally competent. The former POA agent should be notified, as well as anyone who might be relying on the old POA; but the new one is immediately valid. A copy of the new POA document, which should say previous POA's are revoked would be sufficient notification.
Yes they have to be notified and a new POA cannot be assigned without an attorney. Also you cannot revoke a DPOA. Most attorney's that are even halfway decent, will do a DPOA.
You do not have to notify the old POA for the new one to be active. Read your POA document. Standard language in a POA document revokes all previous POAs, so that's not an issue unless the new POA was done wrong, in which case, just have it corrected. That being said, you really should notify the old POA so they do not continue to act on your behalf. As stated, also give a copy of the new POA document to all institutions you have financial dealings with.
Junity, the new Power of Attorney becomes active as soon as the person who as assigned a POA has signed said legal document, witnesses have signed, and the Notary.
Usually the Attorney will either notify the previous Power of Attorney that a change has been made, or if another Attorney was used will notify that Attorney of the change.
Just curious, did you use an Attorney, or copied a POA from the Internet?
And as Rebecca had recommended, notify banks, business, doctors, hospital, etc. who would have had a copy of the previous POA.
First, does the new POA specifically revoke the old POA?
If so, you need to tell the old attorney-in-fact/agent that the POA they are holding is now revoked. Document when and how they were notified. Documenting it via trackable mail is added protection, should the old AIF try to use that old POA and they'll be liable for any use of it after the date of notification. Notify any creditors or the like that may have a copy of the old POA and get them the new POA ASAP. Businesses, etc. must have notice of revocation of a POA - they are allowed to rely upon the old POA until they are told otherwise.
I am assuming the person revolked the first POA? Then had you assigned? This should have been something youvasked the lawyer. I think the person should be told.
A copy of the new POA document, which should say previous POA's are revoked would be sufficient notification.
Usually the Attorney will either notify the previous Power of Attorney that a change has been made, or if another Attorney was used will notify that Attorney of the change.
Just curious, did you use an Attorney, or copied a POA from the Internet?
And as Rebecca had recommended, notify banks, business, doctors, hospital, etc. who would have had a copy of the previous POA.
If so, you need to tell the old attorney-in-fact/agent that the POA they are holding is now revoked. Document when and how they were notified. Documenting it via trackable mail is added protection, should the old AIF try to use that old POA and they'll be liable for any use of it after the date of notification. Notify any creditors or the like that may have a copy of the old POA and get them the new POA ASAP. Businesses, etc. must have notice of revocation of a POA - they are allowed to rely upon the old POA until they are told otherwise.