Does a new power of attorney automatically revoke the old one?

Financial powers of attorney can require express revocation

In Wisconsin, signing a later financial power of attorney does not by itself revoke an earlier one. Practitioners describe chapter 244 as requiring revocation to be expressly stated, even when the documents are inconsistent.

A combined document can have a partial effect. Wisconsin practitioners say a new health care power of attorney automatically revokes an older health care power of attorney, while a new financial power of attorney does not automatically revoke an older financial one. Without express revocation language, the combined document may revoke only part of the earlier document.

Wisconsin practitioners describe chapter 244 as highlighting the difficulty of using one document for both health care and financial powers of attorney. Practice has moved away from combining those purposes in one document.

Medical powers of attorney follow different rules

In Texas, a later medical power of attorney can revoke an earlier one. A principal may also revoke it orally or in writing by telling the agent or a provider.

A later health care proxy overrides a prior proxy, according to practitioners. Practitioners describe a basic hospital proxy following a prior, broader proxy as an example.

The document's terms can set an ending point

A power of attorney's stated terms can identify when it ends. Practitioner experience describes the usual ending points, absent contrary language, as the principal's death, revocation, expiration date, or incapacity.

Georgia guidance says a power of attorney validly executed before the effective date of the Uniform Power of Attorney Act's new form stays effective until revoked, terminated by its own terms, or terminated by court order. The guidance describes the effect of the document's execution date and its terms.