The revocation of a POA under existing law is governed by § 32A-13. The corresponding provision in the Act is § 32C-1-110. Unlike under existing law, the Act draws a clear distinction between the termination of a POA and termination of the agent's authority under the POA. Under the Act, a POA terminates when any of the following occur: The principal dies. If the POA is not durable, the principal becomes incapacitated. The principal revokes the POA. The POA provides that it terminates. The purpose of the POA is accomplished. The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the POA does not provide for another agent to act under the POA. A guardian of the principal's estate or general guardian terminates the POA. Under the Act, an agent's authority under a POA terminates when any of the following occur: The principal revokes the authority in writing. The agent dies, becomes incapacitated, resigns, or is removed. The court enters a decree of divorce between the principal and the agent, unless the POA provides otherwise. The POA terminates. A guardian of the principal's estate or general guardian terminates the agent's authority. There are also several ancillary "rules" in § 32C-1-110 of the Act relating to termination worthy of mention: A POA does not become "stale"—unless a POA provides for termination upon a certain date or after the passage of a period of time, lapse of time since execution is irrelevant to the POA's validity. This provision validates old POAs that have not been terminated. A new POA doesn't automatically terminate an old POA. To effect a revocation, a subsequently executed POA must expressly revoke a previously executed POA or state that all other POAs are revoked. The requirement for express revocation prevents inadvertent revocation when the principal intends for one agent to have limited authority that overlaps with broader authority held by another agent.
The revocation of a POA under existing law is governed by § 32A-13. The corresponding provision in the Act is § 32C-1-110. Unlike under existing law, the Act draws a clear distinction between the termination of a POA and termination of the agent's authority under the POA. Under the Act, a POA terminates when any of the following occur: The principal dies. If the POA is not durable, the principal becomes incapacitated. The principal revokes the POA. The POA provides that it terminates. The purpose of the POA is accomplished. The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the POA does not provide for another agent to act under the POA. A guardian of the principal's estate or general guardian terminates the POA. Under the Act, an agent's authority under a POA terminates when any of the following occur: The principal revokes the authority in writing. The agent dies, becomes incapacitated, resigns, or is removed. The court enters a decree of divorce between the principal and the agent, unless the POA provides otherwise. The POA terminates. A guardian of the principal's estate or general guardian terminates the agent's authority. There are also several ancillary "rules" in § 32C-1-110 of the Act relating to termination worthy of mention: A POA does not become "stale"—unless a POA provides for termination upon a certain date or after the passage of a period of time, lapse of time since execution is irrelevant to the POA's validity. This provision validates old POAs that have not been terminated. A new POA doesn't automatically terminate an old POA. To effect a revocation, a subsequently executed POA must expressly revoke a previously executed POA or state that all other POAs are revoked. The requirement for express revocation prevents inadvertent revocation when the principal intends for one agent to have limited authority that overlaps with broader authority held by another agent.
Article%20for%20Real%20Estate%20Practioners%20on%20New%20Uniform%20POA%20Act%20(8-25-2017),%204812-6530-3115.docx