Revocation of Power of Attorney

Do you have concerns about how and when to revoke a Power of Attorney?

Powers of Attorney convey a great deal of responsibility on those appointed as an Attorney. As your circumstances change, you may decide that there is someone more suitable or that your current attorney (or alternative attorney) is no longer a suitable person to make decisions on your behalf.

In this situation, you may need to revoke your current Power of Attorney to ensure the right people are authorised to make decisions for you, when you can no longer do so. The most effective ways to revoke a Power of Attorney are:

  • Revocation by Principal (being the person who has been appointed an Attorney)
  • Revocation by death of Principal or Attorney
  • Attorney does not have decision making capacity, or
  • Later, inconsistent Power of Attorney.

Revocation by Principal

As the Principal, you may revoke a Power of Attorney or an appointment of an individual Attorney (or alternative Attorney) at any time, provided you can demonstrate the same decision making capacity required when you made the Power of Attorney in the first instance.

To formally revoke your Power of Attorney, you need to complete a Deed of Revocation. If you have a physical disability that prevents you from signing the Deed, you may direct another person to sign for you. The person who signs on your behalf must:

  • Be over the age of eighteen
  • Not be a witness, and
  • Not be an attorney.

The Deed of Revocation must be signed in the presence of two independent witnesses, one of whom must be either a person qualified to witness an affidavit or a medical practitioner. The witnesses must not be:

  • The person whom the Principal has directed to sign the form on their behalf
  • An Attorney
  • A relative of the Principal or of an Attorney, or
  • A care worker of the Principal

On revoking your Power of Attorney, you must take reasonable steps to inform the Attorney in question, as well as all other Attorneys and alternates, that the Power of Attorney has been revoked.

Revocation by death of Principal or Attorney

A Power of Attorney ceases to be effective once the Principal has passed away.

Similarly, should an attorney pass away, the Power of Attorney is revoked so far as the power concerned the deceased Attorney.

Attorney does not have decision making capacity

Should an Attorney lose decision making capacity for the matters to which the Power of Attorney applies, the Power of Attorney is revoked so far as it gives power to that Attorney.

Later, inconsistent Power of Attorney

A Power of Attorney is revoked by a later Power of Attorney of the Principal, so far as the later Power of Attorney is inconsistent.

For more information on Powers of Attorney and forms relating to revocation of Power of Attorney, see the Office of the Public Advocate’s site here.

For more information on Powers of Attorney see our previous article here.

How Can Sharrock Pitman Legal help me with my revocation of Power of Attorney?

If you require expert legal assistance revoking a Power of Attorney or simply need assistance regarding Powers of Attorney in general, please feel free to contact our Accredited Specialist Wills and Estates Law team on 1300 205 506 or, alternatively, fill in the form below.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

Liability limited by a scheme approved under Professional Standards Legislation.

For further information contact  
Mitchell Zadow

Mitchell is the Managing Principal of our law practice.

He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.

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