Lost trust – How do I revoke a health care proxy?

A power of attorney gives the authorized representative very extensive powers and therefore requires unlimited trust in that person. But what happens if that trust suddenly disappears?

Revocation of power of attorney

„The power of attorney can be revoked by the principal at any time; an irrevocable power of attorney is not permitted,“ explains notary Michael Uerlings, press spokesman for the Rhineland Chamber of Notaries.

In order for the revocation to take effect and to ensure that the authorized representative does not continue to make unauthorized use of the power of attorney despite the revocation, the following steps must be observed: First, the revocation should be declared to the authorized representative. In principle, this revocation can be declared informally, i.e., even (only) verbally to the authorized representative. However, it is important to note that the authorized representative can continue to act on behalf of the principal as long as they have the original (in the case of private or certified powers of attorney) or a „copy“ in their name (in the case of notarized powers of attorney). „Third parties, including banks, can and may generally rely on the power of attorney being valid as long as the authorized representative presents the original or the copy,“ explains Uerlings, adding: „Against this background, it is essential that the principal demands the return of the original or the copy of the power of attorney from the authorized representative.“ If the power of attorney was certified by a notary, the principal should always inform the notary of the revocation. After all, the notary is sometimes instructed to issue a new copy of the power of attorney if it is lost and the agent requests this. If the notary learns of the revocation, this is noted on the original. This ensures that no further copies are issued to the agent – not even by a possible successor to the notary. If the power of attorney is registered in the Central Register of Lasting Powers of Attorney of the German Federal Chamber of Notaries, the notary will also ensure that the revocation is registered there.

Revocation requires legal capacity

The revocation of a power of attorney by the principal is not possible if the principal is no longer legally competent. In this case, it may be necessary to first appoint a guardian who can revoke the power of attorney. If there is no longer any contact and/or trust with the agent, you should not wait too long to revoke the power of attorney.

Notaries assist with the creation and revocation of powers of attorney.

Notaries will answer any questions you may have about powers of attorney, certify or authenticate your power of attorney, and register it with the Central Register of Powers of Attorney. If you wish to revoke your power of attorney, notaries will inform you of the necessary steps and assist you in implementing them.