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 Durable Power of Attorney For Healthcare We have provided a sample of a Revocation of a Durable Power of Attorney For Healthcare. Once again, just as it was critical under the Revocation of Living Wills section, the revocation process is critically important to making certain that your revocation is effectuated. A Durable Power of Attorney For Healthcare can be revoked in a number of ways. Tearing it up, marking it "revoked" or "canceled" will also serve to revoke this document, so long as the Declarant intended that it be revoked. Several other ways to revoke a Durable Power of Attorney For Healthcare may not be so clear, and like Living Wills revocation, might surprise you. First, by making a new Durable Power of Attorney For Healthcare, you might revoke all other Durable Powers of Attorney For Healthcare. Interestingly, courts are full of cases where people sought to simply add a new provision to their Durable Power or to simply change one paragraph, or even a word, in the other Durable Power. The problem created is one of interpretation, and if there is any conflict between the first and the second Durable Power, the court may declare the first revoked. Also, making another legal document, such as a Living Will, after you have made the Durable Power of Attorney For Healthcare which is inconsistent with the provisions of the Durable Power, might operate to revoke the Durable Power. In some instances, a court might indicate that a person's circumstances changed so much from the time the first Durable Power was made, that this "changed circumstances" standard should be used to determine that the Durable Power may be considered revoked. Of course, significant proof at the time of a legal battle would have to be presented by the person seeking to have the Durable Power revoked. But it happens all the time. Thus, it is critically important that if you are preparing a Living Will and a Durable Power of Healthcare, you should prepare all of the documents regarding this subject at the same time, and that any updates or changes be made to the whole group of documents. It is important to realize that the changes in one may impact the effectiveness of the other. Finally, there are some states that automatically revoke a Durable Power of Attorney For Healthcare after a number of years. Regardless of whether you have one, if it is more that the number of years set by the state, there may be a problem with it being honored at the time you seek to implement the provisions of this document. Your state's laws should be consulted to make certain that you know of any such provisions.
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