Can I revoke a Power of Attorney?

In New South Wales, a person can remove their Power of Attorney. This process is known as revocation.

To revoke a Power of Attorney, you must have the requisite mental capacity at the time of revocation. This means you must be of sound mind, and you must also be able to understand the nature and effect of the revocation.

The revocation should be in writing and should clearly state your intention to revoke the Power of Attorney. Your signature on the revocation will also need to be witnessed by a person over 18 years of age. Once the revocation is in writing, it should be given to the attorney to inform them that they no longer have authority to act on your behalf. You should keep evidence and a record of delivery of the revocation. This could be done by sending it registered post and keeping the receipt of delivery.

If you do not give notice to the attorney, then they are still able to continue to use your former Power of Attorney and manage your property and money without your consent.

Other relevant third parties should also be notified of the revocation. For example, if the Attorney was making withdrawals from your bank account, then the bank should be made aware of the revocation and that the Attorney is no longer authorised to access your bank account. Likewise, if the Power of Attorney was registered with the NSW Land Registry Services then the revocation needs to be registered with them.

What happens if my Attorney dies before me or cannot continue with the role?

It is possible that the person whom you appoint to be your Attorney could die before you, lose mental capacity, become bankrupt, resign or otherwise be unable or unwilling to continue to act as your Attorney for the remainder of your lifetime. When this happens, the Power of Attorney document will cease to have effect, as per section 5 of Powers of Attorney Act 2003 (NSW),if there is no one else appointed under the document who can step in to make decisions on your behalf. For this reason, you can also appoint a substitute Attorney to assume this role if your first choice of Attorney is unable or unwilling to act as your Attorney.

What happens if I have a falling out with my current Attorney and I want to replace them with a new Attorney? Can I create a new Power of Attorney document appointing the new Attorney?

Yes, it is possible to create a new Power of Attorney at any time, as long as you have mental capacity to do so.

If you need assistance revoking your Power of Attorney or creating a new one, contact us for a free thirty-minute consultation with a lawyer.

Please note that this blog is referring to legislation in New South Wales