Establishing an estate plan can be a complex series of documents that are all a part of a cohesive whole. One of the most vital elements of that plan may be bestowing power of attorney (POA) to someone you trust wholeheartedly with your future and your family’s future. Giving someone power over your medical or financial needs is a significant show of trust. Unfortunately, if that person abuses that power, a Kansas City estate planning lawyer may help you revoke it.

It’s not uncommon for people to ignore powers of attorney or abuse them for their own selfish benefit. While you may trust that person enough to give them power of attorney over your medical or financial needs, that power can change certain people. They may see it as a chance to take from you without consequences, only to realize exactly what those consequences may be. An experienced lawyer can help you hold parties offending accountable.

What Is Power of Attorney?

When you start putting together a comprehensive estate plan to secure your family’s future in the event of your death, there are certain elements that must be included. It’s understandable to want to make sure your family is taken care of when you’re gone. Power of attorney is a legal protection that gives someone you trust the power to make certain decisions on your behalf if you become incapacitated. Revoking POA after a divorce is not uncommon behavior.

According to information gathered by the CDC, Kansas has one of the lowest divorce rates in the country, with the 2022 rate sitting at 1.9 per 1,000 residents. However, the marriage rate remains considerable at  5.3 per 1,000 residents, according to information from the Kansas Department of Health and Environment. That’s a lower number than the national rate.

Before you even consider changing your estate plan after a divorce, the entire process itself can be an emotionally devastating and draining experience. It may be beneficial for you to reach out to a local support group, such as Relationship Recovery or DivorceCare, to talk to someone about everything you’ve been going through since the day your marriage ended. Having someone to talk to can be a significant help, especially if they have been through something similar.

How to Revoke Power of Attorney in Kansas

Revoking a power of attorney is a big decision and not one you should make lightly. You may no longer trust this person for your own reasons, and that may be enough to go through with revoking the POA. You may want to take back control over your own financial future. Regardless of the reason, you can revoke a POA whenever you want, though the process may be complex without a lawyer’s help. Here are some of the steps in the overall process:

  • First, you must secure a written notice that the POA is being revoked. The notice must include your name, the name of the attorney-in-fact, the date that the POA was given, and the date that it was revoked. You have to sign this notice in sound mind, and it’s recommended that you have witnesses present.
  • Another way to revoke a POA in Kansas is to completely destroy all copies of the initial POA document. This is a less formal way to revoke a POA, but it is still effective. Destroying all traces of the POA declaration ensures that the attorney-in-fact cannot act on any POA authority in the future.

FAQs

Q: Why Should I Give Anyone Power of Attorney?

A: It is entirely up to you to decide to grant someone power of attorney over your medical or financial needs. You don’t have to do it if you don’t trust anyone to act in your interests. However, there are many different situations where having someone with power of attorney can be of help. If you were to suffer a debilitating illness or accident that left you incapacitated, the attorney-in-fact may be able to handle things in your stead.

Q: What Decisions Cannot Be Made Through a Power of Attorney?

A: There are three specific decisions that can never be made by someone with power of attorney, regardless of the situation. First, they cannot legally modify an existing last will and testament. Second, they cannot make any decisions about your estate once you have passed away. Third, they can never act outside of your interests. Depending on the agreement you put together with your lawyer, there may be additional restrictions that only apply to your situation.

Q: Who Should Be Granted Power of Attorney?

A: That is a personal decision that only you can make. When you grant someone power of attorney, you are giving them the power to make decisions on your behalf when you are incapable of making them yourself. When you decide on someone, it should be someone of sound mind who you have known for a long time and understands what you want. You should never grant this power to a recent acquaintance or someone you barely know.

Q: Should I Hire a Lawyer to Help?

A: Yes, it is a good idea to hire a lawyer to help you establish a power of attorney. The last thing you want is to learn that the power of attorney is null and void because the paperwork was improperly filed or you left out important details. An experienced estate planning lawyer can help you make sure that doesn’t happen. Your lawyer can provide you with sound advice regarding your choice of POA.

Reach Out to an Estate Planning Lawyer Today

Choosing to revoke power of attorney is a significant decision to make. It may be the result of a messy divorce or a falling out with an old friend. It may be a personal decision to take back control over your own life. Regardless, you should consider reaching out to an estate planning lawyer to help you fulfill the process accurately and cleanly.

The legal team at Stange Law Firm can help you with your estate planning needs, including helping you either establish or revoke power of attorney. Contact us to speak with a valued team member about your case and how we can help.