Revocation of Power of Attorney (NSW)A Revocation of Power of Attorney is a legal document that gives you the ability to revoke a power of attorney that you previously gave.
This document was prepared for the revocation of a general power of attorney. It may not be suitable for other types of power of attorneys. If the power of attorney you wish to revoke is not of the general kind, you should seek the legal advice from one our Lawpath solicitors.
You can use our Revocation of Power of Attorney document to simply and effectively cancel any general power of attorney you have previously granted.
What is a Power of Attorney?
A power of attorney document is a legal document which allows someone else to act on your behalf, as your 'attorney'. When someone is acting as your 'attorney', they are able to sign legal documents on your behalf and manage your affairs. Therefore, the purpose of the power of attorney is to give someone the power to manage your affairs. The attorney will also be able to legally act on the principal's behalf as their legal authority. A person who grants someone else a power of attorney is called a 'principal'. However, this power is not unlimited and can be revoke by the principal, at any time.
If you are wanting to implement a power of attorney, you can use our General Power of Attorney (NSW) legal document.
What is a Revocation of Power of Attorney?
As the principal, it is within your rights to revoke your attorney's powers at any time, for any reason. Revocation is to 'take back' or 'cancel' the power you granted your attorney. This means that the original power of attorney document will no longer apply. Thus, the power of attorney document will be otherwise invalid.
If you are wanting to revoke your power of attorney, you should complete and issue a revocation document. This may also be called a power of attorney revocation form, revocation of power of attorney form or revocation of POA form.
How to Revoke a Power of Attorney
You should notify your 'attorney' that you no longer wish for them to act on your behalf. In general, verbal notice is not sufficient. The notice should be given as written notice. Our template is a great way to notify your attorney that you no longer wish for them to act on your behalf. The written notice should be addressed to the 'attorney'. For the written notice to be complete and thus legally effective, it must be delivered, signed and witnessed. Furthermore, if any third parties have copies of the original power of attorney, a copy of the revocation form must also be delivered to them. This may include: solicitors, accountants, financial institutions, family and friends etc.
Capacity refers to mental state. The principal wishing to revoke the power of attorney must be of sound mind or sound mental state in order for the revocation document to have legal authority.
As the principal, it is important that your revocation document is signed with your signature, and also notarised/witnessed. The notarisation can be done by a third party witness or notary public. Remember, you should always retain a copy of the revocation.
Common Reasons to Revoke a Power of Attorney
Principals may decide to revoke their power of attorney for a variety of reasons. However, the most common reasons for revocation include:
- Attorney is not fit to act,
- Attorney is no longer required,
- Attorney is no longer interested in acting on behalf of the principal,
- Principal wishes to appoint a subsequent power of attorney,
- The purpose the attorney was appointed has been fulfilled.
- What Does Power of Attorney Mean?
- Power of Attorney: General v Enduring
- How Do I Make a Power of Attorney?