Revocation of Power of Attorney

Sample Document

What is the Revocation of Power of Attorney?

If you gave someone a Power of Attorney ("POA"), there may be all sorts of reasons why you might want to revoke it. A power of attorney can be revoked (that is, cancelled) at any time as long as you still have mental capacity.

It is clearer for everyone if you revoke the enduring power of attorney in writing, especially if it is registered at Land and Property Services NSW.

There is no set or prescribed form for revoking a power of attorney – a letter will do. However, a suggested form for Revocation of Power of Attorney is attached at the end of this fact sheet – provided by Land and Property Information Division (LPI).

Whether you use a form or just a letter you must give a copy to the attorney to ensure that they know that the power of attorney has been revoked. There is no obligation to register the revocation, but if the power of attorney has been registered it is advisable to register the revocation. You should also inform your bank, and anyone else who might be expected to act on the faith of the power of attorney, that it has been revoked

Can't I just tear up the POA?

You could. But your Attorney may have retained a copy that you are not aware of. Your Attorney could still use it even though you don't want them to anymore.

The Revocation document puts it beyond doubt that the Power of Attorney has been revoked. You need to send a copy of the Revocation to your Attorney to make them aware that the POA has been withdrawn from them. It would then be illegal for them to keep using it, and all copies of the POA should be destroyed.

Your Attorney could also have lodged your POA for registration at the Department of Land and Property Information NSW, if there was an anticipated need to sell and/or deal with land. Even if you never registered it yourself, or you are not sure whether your Attorney registered it, it may be a good idea to lodge the copy of the Revocation.

NOTES


1. You must give a copy of this revocation to your attorney to notify him or her that the power of attorney has been revoked.

2. Any adult may witness the principal’s/donor’s signature. The witness does not have to be a justice of the peace, solicitor or other “prescribed witness”.  

3. There is no requirement to register this revocation, but if the power of attorney being revoked has been registered it is advisable to do so.









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