The revocation of a power of attorney is a formal legal act by which the grantor cancels, in whole or in part, a power of attorney previously granted to a representative (attorney-in-fact), preventing them from continuing to act on the grantor's behalf.
What is it for?
- To cancel or annul powers of attorney that have been granted
- To modify or limit powers previously conferred
- To prevent the representative from continuing to represent the grantor
- To prevent possible abuse or misuse of the power of attorney
What does the notary do?
- Receives the grantor's request to revoke the power of attorney
- Drafts the notarial record (acta) or deed of revocation
- Verifies the identity and capacity of the grantor
- Attests to it with public authority, and signs and seals the document formalising the revocation
Main features
- It may be total or partial, as specified
- It must be in writing and made before a notary to be valid
- It takes legal effect from its execution or from the date specified
- For practical purposes, interested third parties need to be notified
Important considerations
- The revocation must be clear and precise as to which powers it affects
- A date may be set from which it takes effect
- The representative no longer has the authority to act on the grantor's behalf
- It is advisable to register the revocation in public registers where applicable
Legal value
A revocation has full legal validity and is the formal mechanism for cancelling powers of attorney that have been granted, ensuring security and clarity in legal relationships.