- Texas, New York, Florida and Pennsylvania
California and Illinois have expressly recognized the right of a principal to amend a Power of Attorney, albeit in the context of imposing certain requirements.
The legislation of Texas, New York, Florida and Pennyslvania is silent on the issue.
In Texas, New York, Florida and Pennyslvania, it seems unclear:-
For a principal who wants to change their Power of Attorney, it is usually prudent for any principal to execute a fresh Power of Attorney in amended terms in conjunction with revoking any existing Power of Attorney.
Attempting to amend a Power of Attorney often creates more problems than it solves.
You can amend or change this durable power of attorney only by executing a new durable power of attorney or by executing an amendment through the same formalities as an original.
§2-4 states (underling added):-
The principal may specify in the agency the event or time when the agency will begin and terminate, the mode of revocation or amendment and the rights, powers, duties, limitations, immunities and other terms applicable to the agent..
§2-5 states (underling added):-
every agency may be amended or revoked by the principal, if the principal has the capacity to do so, at any time and in any manner communicated to the agent or to any other person related to the subject matter of the agency..
.the agent shall not be affected by any amendment.. of the agency until the agent has actual knowledge thereof..
Legislation is silent on the issue.