Revocation of a power of attorney (odwołanie pełnomocnictwa)

Published byDocMuse

A principal's statement revoking a Polish power of attorney, saying when it was given and what it covered, demanding the document back (art. 102 of the Civil Code) and listing the people and institutions told of the revocation. It takes effect when it reaches the agent, but an act done with someone unaware of the revocation can still stand — so the bank, the office and business partners should be told too.

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Common questions

When does revoking a power of attorney take effect?

Once the statement reaches the agent in a way that lets them read it (art. 61 § 1 of the Civil Code). The safest routes are registered post with proof of delivery, or handing it over in person and asking for a signature on a copy. Until the agent receives the revocation, the authority continues, and acts done in the meantime bind the principal.

Should the bank or office be told that a power of attorney was revoked?

The law does not require it, but it is strongly advisable. If the agent, after the authority has ended, acts within the original power of attorney, the act is valid unless the other party knew or could easily have found out that it had ended (art. 105 of the Civil Code). A copy of the revocation sent to the bank, the office or a business partner closes that door.

Can every power of attorney be revoked?

Yes, at any time — unless the principal waived revocation for reasons grounded in the legal relationship behind the power of attorney (art. 101 § 1 of the Civil Code), for instance where it secures the repayment of a debt. The revocation does not need the form the power of attorney was given in, but written form makes it easier to prove.