Accepted Pennsylvania · New Jersey · Maryland · statute facts checked October 2026
How to revoke a power of attorney: what Pennsylvania, New Jersey and Maryland law says
Short answer: the principal (the person who signed the power of attorney) can revoke it. New Jersey's statute lists how: destroying all signed originals, signing an acknowledged written revocation, or delivering a written revocation to the agent (N.J.S.A. 46:2B-8.10). Pennsylvania's and Maryland's power of attorney laws recognize revocation but don't set out a method, so families there usually work through an attorney. In New Jersey and Pennsylvania, the statutes tie a bank's position to whether it actually knows of the revocation, which is why notice matters.
People look this up for different reasons: a parent wants a different agent, a relationship has broken down, or there's worry about how the money is being handled. Whatever the reason, the decision belongs to the principal. Here's what each state's statute says.
This is general information, not legal advice, and we don't prepare revocations. If there's any question about whether a parent can still make this decision, raise it with their doctor and an attorney. If you suspect an agent is misusing a parent's money, the attorney can explain what the court can do.
What each state's statute says
| Pennsylvania | New Jersey | Maryland | |
|---|---|---|---|
| Who can revoke | The principal. The required notice says the powers last "unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your agent's authority" (§5601(c)) | No one other than the principal may revoke a durable power of attorney, except by court order (46:2B-8.4) | The principal may revoke the power of attorney or the agent's authority (§17-112(a)(3), (b)(1)) |
| How, per the statute | Chapter 56 doesn't set out a revocation procedure | Destroy all executed originals; sign an acknowledged written revocation; or deliver a written revocation to the agent (46:2B-8.10) | The act lists revocation as a way it ends but doesn't set out a procedure (§17-112) |
| Does a new power of attorney cancel the old one? | Not addressed in Chapter 56; ask the attorney | No, not unless the new one says so (46:2B-8.10) | Not addressed in the act; ask the attorney |
| Banks and third parties | A person isn't required to accept a power of attorney if it has actual knowledge of termination (§5608.1(b)(4)); an agent's affidavit of no actual knowledge of revocation is conclusive proof of nonrevocation (§5606) | A third party may rely on it until it receives actual notice of revocation (46:2B-8.6(a)); a bank must refuse with actual notice (46:2B-13(a)) | The act's good-faith protection covers death, disability or incompetence the person didn't know about (§17-106(a)); it doesn't separately address reliance after a revocation, so ask the attorney |
| Ends automatically (divorce) | Filing for divorce revokes a spouse's designation as agent, unless the document says it survives (§5605(c)) | Not covered in the act | Filing for divorce, annulment or legal separation ends a spouse-agent's authority, unless the document says otherwise (§17-112(b)(3)) |
Steps families commonly take after a revocation
- Tell the agent in writing, and keep a dated copy. In New Jersey, delivering a written revocation to the agent is one of the statutory methods.
- Tell every institution that has a copy: banks, brokerages, insurers, the pension office. In New Jersey and Pennsylvania, what an institution actually knows determines what it may rely on, so written notice is what changes its behavior.
- Collect the originals and copies the agent or institutions still hold.
- Log who was told, when, and how. The same log you'd use for presenting a power of attorney works for withdrawing one.
- Ask the attorney whether a new power of attorney is needed, and how to make sure it doesn't conflict with the old one.
Questions to bring to the attorney
- In our state, what's the cleanest way to revoke this power of attorney, and should it be notarized or recorded?
- Was the old power of attorney ever recorded (for example, for a real estate transaction), and does the revocation need to be recorded too?
- Which institutions have a copy, and what notice does each one need?
- If the parent's ability to make this decision is in question, what does the attorney need from the doctor?
- If we're worried about how the agent has handled money, what can a court order the agent to provide?
Related: what each state requires of an agent · does a power of attorney end at death?
Free: the bank-ready POA checklist
Includes a presentation log for every institution, which doubles as a record of who was notified.
Common questions
How do I revoke a power of attorney?
The principal revokes it. New Jersey's statute lists three methods: destroying all executed originals, an acknowledged written revocation, or a written revocation delivered to the agent (N.J.S.A. 46:2B-8.10). Pennsylvania's Chapter 56 and Maryland's act recognize revocation but don't set a procedure, so families there usually work through an attorney. Written notice to the agent and each institution creates the record of who knew, and when.
Can a family member revoke a parent's power of attorney?
Generally, no. Revocation belongs to the principal. New Jersey's statute says no one other than the principal may revoke a durable power of attorney, except by court order (N.J.S.A. 46:2B-8.4). If there are concerns about the agent, an attorney can explain what a court can do.
Does a new power of attorney revoke the old one?
In New Jersey, not unless the new one says so (N.J.S.A. 46:2B-8.10). Pennsylvania's and Maryland's power of attorney statutes don't address it, so ask the attorney preparing the new document.
Does divorce revoke a power of attorney?
In Pennsylvania, filing for divorce revokes a spouse's designation as agent unless the document says otherwise (20 Pa.C.S. §5605(c)). In Maryland, filing for divorce, annulment or legal separation ends a spouse-agent's authority unless the document provides otherwise (Est. & Trusts §17-112(b)(3)).
Is the bank still allowed to rely on a revoked power of attorney?
In New Jersey, a third party may rely on it until it receives actual notice of revocation (N.J.S.A. 46:2B-8.6(a)). In Pennsylvania, a person isn't required to accept it once it has actual knowledge of termination (20 Pa.C.S. §5608.1(b)(4)). Maryland's act doesn't separately address reliance after a revocation, so ask a Maryland attorney. In every case, written notice to each institution is the record that it knew.
Sources: 20 Pa.C.S. §§5601(c), 5605, 5606, 5608.1(b); N.J.S.A. 46:2B-8.4, 8.6, 8.10, 46:2B-13; Md. Code, Est. & Trusts §§17-106, 17-112, official texts (Pennsylvania General Assembly and Maryland General Assembly, checked October 16, 2026; New Jersey Legislature, updated through P.L.2026, c.30, checked October 14, 2026).