Trusted Southern Ohio Attorneys

Can I change my power of attorney?

On Behalf of | Apr 27, 2023 | Estate Planning

It is a good idea to have a power of attorney as part of your Ohio estate plan. A power of attorney allows someone to make major decisions for you, such as medical or financial decisions, if you become incapacitated.

The person you choose to be your power of attorney should be someone you trust and believe is responsible enough to make these decisions for you.

Reasons you might need to change

After your power of attorney is set up, there may come a time when your life circumstances change. For example, if your power of attorney is your spouse, you may get divorced and no longer want them to make these decisions for you.

Other situations that could necessitate a change in your power of attorney include the death or relocation of your current power of attorney, or any other circumstance that leaves you feeling they are no longer the best person for the job.

If you find yourself in one of these situations, you can change your power of attorney, but you must follow all of the legal requirements for modification to make sure the change is legally valid.

You must revoke your old power of attorney

To change your power of attorney, you will need to completely revoke any existing power of attorney documents. You should physically destroy them by shredding them or something similar. You should also inform your power of attorney that you are removing them and choosing someone else.

You will then need to complete a new power of attorney document. The document should state that you are revoking your old power of attorney.

Recording the revocation is required

Ohio law states that a revocation of power of attorney must be recorded in the same office that it was initially recorded in. This is an example of a step that could be easy to forget or overlook that might end up making your new power of attorney legally invalid. For those reasons, it is essential that you proceed carefully.