Revocation of Power of Attorney
(NC)

Summary

This template is a revocation of power of attorney to revoke the powers granted in a previously executed power of attorney. Once executed, this form can be forwarded directly to the agent or third parties to provide notice of revocation. This template includes practical guidance, drafting notes, and an optional clause. A principal can revoke a power of attorney at any time. Since the execution of a new power of attorney does not revoke an existing power of attorney unless the new power of attorney expressly so provides, best practice is for the principal to sign a notice of revocation. N.C. Gen. Stat. § 32C-1-110(f). If the prior power of attorney was recorded in an office of the register of deeds, the revocation must be executed and acknowledged by the principal, registered in that same county, with proof of service on the agent. N.C. Gen. Stat. § 32C-1-110(g)(1). If the prior power of attorney was not recorded, the principal may revoke it by either (1) an executed and acknowledged written revocation or (2) tearing, burning, or otherwise destroying the original power of attorney with the intent to revoke it. N.C. Gen. Stat. § 32C-1-110(g)(2). The principal should provide a copy of the revocation to the agent or otherwise provide the agent notice. See N.C. Gen. Stat. § 32C-1-110(d). Additionally, if the prior power of attorney was used by or provided to a third party such as a financial institution, a copy of the signed notice of the revocation should be provided to those parties. You or your client should retain the original. For a power of attorney template, see Power of Attorney (Durable, General) (NC).