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Arby999 Asked October 2023

Does revocation of POAs usually include Advance Medical Directive too?

Hi. This is my first post. I want to thank everyone on here for being so caring, knowledgeable and helpful!


 


My question involves the Revocation of Power of Attorney documents. My late friend signed 3 different Power of Attorney documents in 2021. I am not sure he really wanted to but he felt somewhat persuaded into accepting them. The first one was a Limited Financial Power (for bill-paying and bank transactions with his local Truist Bank. The second was an Advance Medical Directive and the third was a Durable General Power of Attorney. I was listed on all 3 documents but another person was the first one listed (the "tie breaker") on all 3.


 


My friend decided a few weeks later that he was not happy with any of the 3 documents and he officially revoked them. He was of sound mind when he did this. When they were revoked, was the Medical Directive also revoked or is that a separate "power" that needs to be revoked in a stand-alone document? I am asking because I have been told that at least in my state of Virginia, the financial powers can be revoked but the Medical still stands, unless revoked separately. Thanks for your help!

Llamalover47 Nov 2023
Arby999: Your question is a moot point since your friend, Roanne has passed away. I am sorry for your loss and send deepest condolences.

JoAnn29 Nov 2023
Since your friend has passed, it really doesn't matter now. And he revoked his financial and Medical. As far as I know, as long as someone is competent they can change their POAs, financial and medical can be revoked at anytime by the principle. I have never heard of them being longstanding. If the person is found incompetent to make informed decisions, then neither Financial or Medical can be changed. Only the principle can assign and revoke.

Now he has passed, his Executor takes over. If no Will someone needs to become an Administrator. If there is an administrator, then the State determines who inherits.

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AlvaDeer Nov 2023
His revocation needs to be in writing and needs to specifically enumerate exactly what documents he is revoking.

Arby999 Nov 2023
Hi Bounce and thanks. Yes, I am thinking a revocation is a revocation is a revocation and the medical part was revoked at the same time as the financial. It was an odd situation because there were 3 of us on the POAs to begin with (not an ideal situation in my humble opinion) and we barely knew one another when the documents were signed. The entire thing frankly was a boondoggle and I can't say I blame my friend for revoking them.

I was POA for my parents and that worked out fine because we knew each other for years of course. In my deceased friend's case, there was a rush to get POA status by the main agent on the documents and she lived 3,000 miles away from my friend. I lived 2 miles away. Crazy situation and he had no close family. I have heard other horror stories about too many people trying to be included on Power of Attorney papers.

Arby999 Nov 2023
Whoops. :( Double posted my answer. How to delete the second one?

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