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How to revoke a power of attorney

How to revoke a power of attorney

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Contents

How to revoke a power of attorney

If a person (the 'donor') appoints another person or persons (the 'attorney(s)') to act on their behalf under a power of attorney, their authority to act continues until it is revoked (i.e. cancelled).

General power of attorney

General powers of attorney can be revoked by the donor at any time with a deed of revocation. You can create a deed of revocation using our document 'Revocation of a general power of attorney'. The attorney must also be notified of the revocation or the deed of revocation won't be effective.

In addition to signing a deed of revocation, the death, incapacity or bankruptcy of the donor or sole attorney will automatically revoke the validity of any general power of attorney.

Enduring power of attorney

An enduring power of attorney (EPA) can be revoked by the donor at any time before it has been registered with the Office of Care and Protection (OCP).

This is done by signing a deed of revocation. The attorney must be notified of the revocation or the deed of revocation won't be effective. You can create a deed of revocation by using our document 'Revocation of an enduring power of attorney'.

If the EPA has been registered, the donor must apply to the OCP for confirmation of revocation. The OCP will confirm the revocation where it is satisfied that the donor has taken all the necessary legal steps to revoke it and he or she still has the mental capacity to act.

The EPA will also be automatically terminated where a sole attorney or joint attorney becomes mentally incapable or bankrupt and there is no provision for a replacement attorney.

The OCP can also revoke an EPA in certain circumstances.

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