What happens if a power of attorney is revoked in writing?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

When a power of attorney is revoked in writing, the attorney-in-fact or agent must cease to act immediately. This is because a written revocation serves as a clear indication that the principal no longer wishes for the agent to have the authority previously granted. As soon as the document expressing the revocation is executed by the principal, the authority that the agent held under the power of attorney is terminated. This immediate effect is essential for protecting the principal's interests and ensuring that there is no confusion regarding the agent's authority.

The other options do not accurately reflect the legal consequences of revoking a power of attorney. Maintaining the existing power of attorney as valid contradicts the intent of the revocation. Filing the revocation with the court is not a requirement for the revocation to be effective; it is sufficient for the principal to simply revoke it in writing. Lastly, the idea that the power of attorney becomes inactive after a waiting period of 30 days does not align with the principle of immediate effect upon written revocation.

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