Free Revocation of Power of Attorney

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Revocation of Power of Attorney

Where do you live?


Where do you live?

Australian Capital Territory

Your Revocation of Power of Attorney will be governed by the laws of the Australian Capital Territory. It is tailored to meet the specific laws and regulations of the Australian Capital Territory. This will affect the choices presented in the questionnaire subsequently as different States/Territories have different restrictions.

The questionnaire and the help throughout will guide you in determining appropriate answers.



Frequently Asked Questions
Can I use this document to a revoke a mandate?Yes, in Quebec, an ordinary power of attorney is also called a mandate, while a protection mandate is the equivalent of an enduring power of attorney. As such, a revocation of power of attorney is also known as a revocation of mandate.


Your Revocation of Power of Attorney

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REVOCATION OF POWER OF ATTORNEY

I, _________________________ of _________________________, hereby revoke the power of attorney, which was granted by me on the 22nd day of October, 2018 and which appointed _________________________ of _________________________ as my attorney. _________________________ no longer has the authority to act on my behalf and any authority previously conferred on _________________________ by said power of attorney is revoked, cancelled and terminated as of this 22nd day of October, 2018

IN WITNESS WHEREOF, I have hereunto set my hand and seal at the City of __________ in Commonwealth of Australia. this 22nd day of October, 2018.

SIGNED, SEALED, AND DELIVERED
in the presence of:


___________________________________
WITNESS:
Address:____________________________
___________________________________

___________________________________
WITNESS:
Address:____________________________
___________________________________

_______________________________
_________________________


WITNESS ACKNOWLEDGEMENT

I HEREBY ACKNOWLEDGE that:

  1. I witnessed the signing of the Revocation of Power of Attorney of _________________________ dated this 22nd day of October, 2018.
  2. I am an adult with capacity to witness the signing of the Revocation of Power of Attorney.
  3. In my opinion, _________________________ had the capacity to understand the nature and effect of the Revocation of Power of Attorney at the time the Revocation of Power of Attorney was signed and he signed it freely and voluntarily without any compulsion or influence from any person.

Signature: __________________________
Name: __________________________
Address: __________________________


WITNESS ACKNOWLEDGEMENT

I HEREBY ACKNOWLEDGE that:

  1. I witnessed the signing of the Revocation of Power of Attorney of _________________________ dated this 22nd day of October, 2018.
  2. I am an adult with capacity to witness the signing of the Revocation of Power of Attorney.
  3. In my opinion, _________________________ had the capacity to understand the nature and effect of the Revocation of Power of Attorney at the time the Revocation of Power of Attorney was signed and he signed it freely and voluntarily without any compulsion or influence from any person.

Signature: __________________________
Name: __________________________
Address: __________________________


Instructions for Executing Your Revocation

Before signing your Revocation of Power of Attorney, ensure that you have read it and understand it.

To be valid, you must sign the document using your normal check signing signature. The signing must occur in the presence of your witnesses.

After you have signed your document in front of your witnesses, your witnesses must sign the document in your presence.

Remember that your witnesses cannot be your spouse, partner, child, your attorney or alternate attorney, or the spouse of your attorney or alternate attorney. Some jurisdictions disallow witnesses that are mentioned in your will, either as beneficiary or executor/executrix. You should generally avoid having witnesses that have any financial relationship with you. The witnesses must be of legal age in your jurisdiction and they must be mentally capable.


Effecting Your Revocation

To ensure that your revocation is effective, you must give actual notice of your revocation. This means that the written revocation must be received by the attorney and any third party affected by the power of attorney (e.g. financial institutions, land registries, and individuals). It is therefore insufficient to simply mail out your revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation - double-registered mail or personal delivery may be the best option. Furthermore, if your power of attorney gave authority over real estate, it is best to register your revocation with a legal description of the property in the land register where the property is located.

Ask your attorney to return all of his/her copies of the power of attorney. Mark the words "Revoked" on each copy to ensure that they cannot be used again.

Revocation of Power of Attorney Information

What is a Revocation of Power of Attorney?

A Revocation of Power of Attorney is a legal document used to cancel or revoke an existing Power of Attorney (POA).

Whoever you named as your attorney (the person you selected to manage your affairs) can continue to legally act on your behalf until their powers are officially revoked. As the principal (the person who is granting power to the attorney), it is within your rights to revoke your attorney's powers at any time for any reason provided you have the capacity to do so.

LawDepot's Revocation of Power of Attorney form can be customised for:

  • Australian Capital Territory
  • New South Wales
  • Northern Territory
  • Tasmania
  • Queensland
  • South Australia
  • Victoria
  • Western Australia

What does capacity mean in a Revocation of Power of Attorney form?

Capacity, or competency, refers to your mental state and ability at the time of the legal document's execution. For you to have legal authority to execute documents such as a Revocation of Power of Attorney, you must be of sound mind.

How do I revoke my Power of Attorney?

To revoke a Power of Attorney and cancel your appointed attorney's powers to act on your behalf:

  • You should complete a Revocation of Power of Attorney document.
  • To be effective, your attorney must be notified of the revocation. The best way to achieve this is to deliver the completed, signed, and witnessed revocation form to the attorney whose powers are being revoked so they have written confirmation that their powers have ended. Double-registered mail or hand-delivery are the best options to ensure the attorney receives the document.
  • It's recommended that you ask your attorney(s) to return all copies of the original Power of Attorney form and mark them as "revoked" to ensure they can't be used again.

It should be noted that you are not required to offer an explanation for revoking your attorney's powers, and it's recommended that you make the change known to anyone who may have a copy of the previous POA (for example, your lawyer, banker, physician, etc.).

When should I use a Revocation of Power of Attorney form?

A Revocation of Power of Attorney should only be used to revoke your existing Power of Attorney.

Some reasons you might want to revoke your POA include:

  • The POA is no longer needed because you can act for yourself: perhaps you made a POA for a specific purpose like for when you were out of the country, and now you have returned
  • The attorney is no longer fit to act for you: maybe you've discovered they are untrustworthy or careless with your affairs
  • The attorney can no longer effectively act on your behalf: for example, if your attorney moves out of the country, or it is no longer practical for them to act as your attorney
  • You wish to appoint a new attorney: for example, if your attorney was your spouse, you may want to revoke their powers if you've divorced

Keep in mind that some states and territories require a Power of Attorney be registered with the Land Titles Office or Recorder of Titles, especially if the attorney might be making decisions that affect real property.

If your POA was registered, you will have to unregister it when you revoke it. Usually this involves submitting your revocation document to the Land Titles Office, but there might be additional paperwork depending on your state or territory.

Does a Revocation of Power of Attorney have to be notarised?

To be effective, a Revocation of Power of Attorney does not need to be notarised. However, some people use a notary as one of their witnesses.

Who can be a witness for my Revocation of Power of Attorney?

The requirements for witnesses can vary between each of the Australian states and territories.

Generally, a witness should be:

  • 18 years of age or older
  • Mentally capable of making their own decisions (have capacity)
  • A non-relative (except in the Australian Capital Territory that allows one of the two witnesses to be a relative)
  • A person authorised to make statutory declarations (not required in all states)

It's recommended that you avoid using a witness who has a financial relationship with you. Also anyone named in the document or someone signing the POA on your behalf cannot be used as a witness.

There are many people who are authorised witnesses under the Statutory Declarations Act 1959 who can act as a witness. A person authorised to make such a declaration (other than a notary public) includes licensed professionals who are registered to practise in Australia, like chiropractors, dentists, legal practitioners, and more.

Be sure to check the requirements for witnesses for your region before completing the form.

Why might I need a witness certificate when revoking a Power of Attorney?

Generally, you only need witness certificates (in addition to regular witness signatures) when revoking an enduring Power of Attorney because of its nature as a POA that continues even after the principal loses capacity.

The witness acknowledgments offer assurance under oath that you are mentally capable of understanding the document.

Related Documents:

  • Power of Attorney: this document allows a principal to grant legal authority to another person to manage the principal's financial affairs
  • Last Will and Testament: an estate planning document that allows the creator to specify how they would like to divvy up their assets after they die
  • Child Medical Consent: used when parents want to authorise another person to consent to medical treatment for their child(ren) so the child(ren) can have access to medical treatment without delay when they're in someone else's care
  • Child Travel Consent: a document that parents use to grant consent for their child(ren) to travel with another guardian or caregiver
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