Free Revocation of Power of Attorney

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Revocation of Power of Attorney

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Your Revocation of Power of Attorney

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DEED OF REVOCATION

THIS DEED OF REVOCATION is made on the ________ day of ________________, ________ by me, _________________________ of _________________________

  1. Revocation

    I revoke the Power of Attorney (the "Instrument") dated on the 23rd day of April, 2024 in which I appointed _________________________ of _________________________ to be my attorney for the purpose of the Powers of Attorney Act 1971 Section 10.
  2. Declaration

    I declare that all powers and authority conferred by the Instrument are now revoked and withdrawn by me as of this ________ day of ________________, ________.

IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of ________________, ________.

SIGNED AS A DEED AND DELIVERED
in the presence of:


Signature of Witness: _______________________________
Full Name of Witness: ______________________________
Address: ______________________________________
______________________________________



_______________________________
_________________________


Instructions for Executing Your Revocation

Before signing your Deed of Revocation, ensure that you have read it and understand it.

To be valid, you must sign the document using your normal cheque signing signature. The signing must occur in the presence of your witnesses.

After you have signed your document in front of your witnesses, your witnesses must sign the document in your presence.

Remember that your witnesses cannot be your spouse, partner, child, your attorney or alternate attorney, or the spouse of your attorney or alternate attorney. Some jurisdictions disallow witnesses that are mentioned in your will, either as beneficiary or executor/executrix. You should generally avoid having witnesses that have any financial relationship with you. The witnesses must be of legal age in your jurisdiction and they must be mentally capable.


Effecting Your Revocation

To ensure that your revocation is effective, you must give actual notice of your revocation. This means that the written revocation must be received by the attorney and any third party affected by the power of attorney (e.g. financial institutions, land registries, and individuals). It is therefore insufficient to simply mail out your revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation - double-registered mail or personal delivery may be the best option. Furthermore, if your power of attorney gave authority over real estate, it is best to register your revocation with a legal description of the property in the land register where the property is located.

Ask your attorney to return all of his/her copies of the power of attorney. Mark the words "Revoked" on each copy to ensure that they cannot be used again.

Last updated December 21, 2023

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What is a Deed of Revocation?

A Deed of Revocation is a document that cancels a Power of Attorney (POA), taking away the powers and authority granted within it. It’s also known as a Revocation of Power of Attorney.

Ultimately, a Deed of Revocation is written confirmation that you, the principal, want to revoke the powers you previously granted to your attorney (i.e., the personal representative you named in your POA). A Deed of Revocation can revoke ordinary, enduring, and lasting POAs.

Rather than only informing your attorney verbally, you must revoke a POA with a Deed of Revocation.

Like other estate planning documents, a Revocation of Power of Attorney helps you manage your life and protect your interests.

When to use a Deed of Revocation

You may want to revoke a power of attorney with a Deed of Revocation when:

  • You can act for yourself and no longer need a representative
  • The event or activity that called for a POA is over (e.g., you were away on business but have now returned)
  • Your attorney can no longer act on your behalf (e.g., they are moving, unwell, or have passed away)
  • Your attorney is not fit to act on your behalf (e.g., they’re untrustworthy or irresponsible)
  • You want to appoint someone else

What should a Deed of Revocation include?

A Deed of Revocation must plainly state your desire to revoke a previous POA and include:

  • Your name
  • Your attorney’s name
  • The date the Power of Attorney took effect
  • The date the Power of Attorney is revoked
  • Your and your witnesses’ signatures

How does a Deed of Revocation become effective?

For a Deed of Revocation to become effective, you must complete the following steps:

  1. Sign the revocation with witnesses.
  2. Send your attorney a copy of the revocation and ask them to return all of their copies of the Power of Attorney.
  3. Provide a copy of the revocation to any institutions, agencies, or offices where your POA was used or registered.

Can I use a Deed of Revocation to revoke a Lasting Power of Attorney?

As long as you are mentally competent, you can use a Deed of Revocation to revoke a Lasting Power of Attorney. Additionally, if your Lasting Power of Attorney is registered, you must advise the Office of the Public Guardian so that they can update the LPA register to reflect the change:

To advise the Office of the Public Guardian, you must send in both the original Lasting Power of Attorney and the Deed of Revocation.

Who has the authority to revoke a Power of Attorney?

As the principal of your Power of Attorney, you have the authority to cancel it. You can rescind your Power of Attorney anytime, as long as you are competent and notify your attorney. This is true even if the Power of Attorney has a specified end date.

However, it’s important to note that an Enduring or Lasting Power of Attorney remains in effect even if you’re mentally incapacitated. Once you lack mental capacity, you can no longer revoke an Enduring or Lasting POA.

It’s also important to note that courts can revoke a Power of Attorney in certain situations, including circumstances where an attorney is deemed unfit to act.

How to give notice with a Deed of Revocation

To ensure that it’s effective, you must give a written and signed Deed of Revocation to your attorney and any relevant third party that may deal with your attorney, such as your bank. In addition, ask your attorney to return all of their copies of the POA and mark them as "revoked."

You can deliver a written revocation in person, by mail, or through email. In any case, it’s best practice to get proof of delivery. It is insufficient to send a revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation. Therefore, using registered post or personally delivering the revocation may be the best option.

Do I have to use a written Deed of Revocation?

It’s best practice to use a written Deed of Revocation as evidence that you are revoking your attorney’s powers. Using a written document creates a paper trail and leaves no doubt as to your intention to revoke your attorney’s power. Providing your attorney with solely verbal notice is not a good idea.

In addition, using a Deed of Revocation helps ensure the revocation is legally recognized.

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  • Last Will and Testament: Plan what happens to your assets, debts, properties, and possessions when you pass away.
  • : Make a plan for funeral arrangements and what to do with your remains when you die.
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