Revocation of Power of Attorney
Use our Revocation of Power of Attorney form to remove someone’s power of attorney.
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Table of Contents
For use in England and Wales only.
Give your Attorney the correct notice to terminate the Power of Attorney if you choose to cancel or revoke their appointment with our Deed of Revocation of Power of Attorney. Our Revocation of Power of Attorney deals with the situation where you no longer wish the Attorney to have the Power that you gave to them, or the Power requires formal renewing, or because you are unhappy with their actions. The Attorney must be aware of the revocation order so that they do not continue to act on your behalf without your new consent, as their actions may still be valid.
Revocation of Power of Attorney? What is it?
Our Revocation of Power of Attorney lets you undo a power of Attorney you have given to someone else previously. You do not have to have a reason and can revoke an appointed attorney at any time.
When should I use your Revocation of Power of Attorney?
You should use our Revocation of Power of Attorney:
- when an attorney was given a general power of Attorney under section 10 of the Powers of Attorney Act 1971;
- when you no longer require the Attorney to act on your behalf
- and there was no expiration date on the original Power of Attorney, or you are revoking the Power before the expiry date
What is covered in your Revocation of Power of Attorney?
Our Revocation of Power of attorney covers:
- the position where you have appointed an attorney previously and now wish to terminate or cancel that appointment as you are no longer happy with your Attorney
- the position where you have appointed an attorney previously and now want to terminate or cancel that appointment as the Power needs formally renewing after a year has passed.
- The position where you have appointed an attorney previously and now wish to terminate or cancel that appointment as you do not need the Power any longer. This would apply if the Power were given for a specific objective, and that objective has been achieved.
When do I need your Revocation of Power of Attorney?
You need to use our Revocation of Power of Attorney to formally terminate and revoke the initial Power of Attorney so that it cannot be exercised any longer.
Who can revoke a power of Attorney (POA)?
Only a donor with mental capacity can revoke a power of Attorney.
How do I revoke the Power of Attorney?
The person who gave the Power (the Donor) must complete the Revocation of Power of Attorney. The Attorney should be notified that their Power to act has ended. In these circumstances, The Donor must demand the Attorney return the Power of Attorney.
The Donor must send the Office of the Public Guardian (OPG) a copy of the Revocation of Power of Attorney and request it be removed from the register where the Power of Attorney was registered prior with the Office of the Public Guardian (OPG),
Do I have to give the notice of Revocation of Power of Attorney to the Attorney?
Yes. The Donor should give the Attorney notice of the Revocation to end the Power. Good practice would be for the Attorney to sign a copy of the Revocation to confirm that they have received it. If the Attorney is unaware of the Revocation, they can continue to act on your behalf, and their actions could be valid.
When can I revoke the Power of Attorney?
Providing the Donor has mental capacity; they can cancel the Power of Attorney at any time.
When is a Power of Attorney automatically Revoked?
Automatic Revocation of the Power of Attorney occurs, without the need for Revocation when there are no replacement attorneys (or the attorneys can only act together) or :
- There is a refusal by the Attorney to accept the appointment
- The death of the Attorney
- The Donor is married or in a civil partnership with the Attorney and the marriage/civil partnership ends by divorce or dissolution, unless the POA states the contrary.
- The Attorney no longer has the capacity to exercise the Power
- The Court of Protection removes the Attorney
What happens on the death of the Attorney?
If the Attorney dies and there is no replacement, the Power of Attorney ends. Where the Power of Attorney is registered with the Office of Public Guardianship (OPG), the Donor must inform the OPG and provide them with: copies of the death certificate, the original Power of Attorney and any certified copies, with a return address so that the documents can be returned.
Can the Attorney be a witness to the Revocation of Power of Attorney?
No, the Attorney must not be a witness to the Donor signing the Revocation.
When the Donor dies, What happens to a Power of Attorney?
Power of Attorney ends automatically on the death of the Donor. After the Donor dies, their affairs will be taken care of by the executors or personal representatives to their estate and not the Attorney.
The law of England and Wales governs our Revocation of Power of Attorney.
Revocation of Power of Attorney known as:
Deed of Revocation of Power of Attorney