In this article, you can discover…

• Common reasons a power of attorney is revoked.
• If you can reinstate a revoked power of attorney.
• What happens if a revocation was made under duress or confusion.

What Are Common Reasons POAs Get Revoked?

A power of attorney can be revoked for several common reasons.

For one, it is automatically revoked upon the death of the principal. Additionally, it can be revoked if the agent named in the document becomes unavailable, passes away, or is removed due to a change in relationship, such as a divorce.

In some cases, the principal may simply change their mind and decide to revoke the authority previously granted by the document.

Is It Legally Possible To Reinstate A Revoked POA In South Carolina?

In South Carolina, once a power of attorney is revoked, it cannot be reinstated in the legal sense.

Instead, the principal would need to execute a new power of attorney document. This new POA can appoint the same agent as before if that is their choice, but it is treated as an entirely new authorization rather than a reinstatement of the previous one.

What Happens If The Revocation Was Made Under Duress Or Confusion?

If a power of attorney was revoked under duress or due to confusion, there are a couple of options that can be explored legally.

One approach is to go to court and ask a judge to determine whether or not the revocation was valid. However, a simpler and more cost-effective solution is for the principal to create and sign a new power of attorney naming the original person as the agent.

In South Carolina, a new power of attorney will automatically revoke any previous version.

What’s The Difference Between Reinstating A POA And Creating A New One?

In South Carolina, a power of attorney cannot be reinstated. If it has been revoked or has otherwise ended, the only option is to execute a new one.

If the original document was revoked and you want your previous agent to act on your behalf in the event of an emergency, you must create an entirely new power of attorney, even if it’s the same as before.

What Is The Process For Reinstatement, And Who Must Be Involved?

If a power of attorney was revoked through a written document filed in court, the process to move forward is not reinstatement but the creation of a new power of attorney.

This involves drafting a new power of attorney document, having it properly signed and notarized, and then getting it filed in court. From there, you can provide it to any institutions that may need to honor it.

Are There Time Limitations Or Legal Hurdles Involved In Creating A New POA After My Last One Was Revoked?

There are no legal time limitations on creating a new power of attorney after one has been revoked. It is entirely up to the principal, or the person granting the authority, to decide when to execute a new document.

As long as the principal is mentally competent and willing, a new power of attorney can be created at any time.

Still Have Questions? Ready To Get Started?

For more information on reinstating power of attorney in South Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.