Revoking a Power of Attorney & Appointment of Guardian

Situations can arise during an individual’s lifetime where it may become necessary to revoke a previously appointed attorney and/or guardian. Revoking these appointments is a simple process, but it is important that you get it right to ensure the revocation is effective.

Revoking a Power of Attorney

A Power of Attorney can be revoked at any time, provided you still have mental capacity. There is no prescribed form to revoke a Power of Attorney, but the following steps should be taken to ensure the revocation is effective:

Prepare a Document Revoking the Power of Attorney

This document should state the name of the principal, the name of the attorney(s) appointed, the date of the Power of Attorney, the registered number of the Power of Attorney (if registered), the date of the revocation and the words “hereby revoke”. The revocation should then be signed and dated in the presence of a witness.

Notify the Attorney

To be effective, the attorney must be notified that their appointment has been revoked. This is best done by handing them the revocation personally, in the presence of a witness. If this is not practical, you may consider having them sign an acknowledgement that they received the revocation or otherwise confirm in writing or by email that they received the revocation.

Registration

If the Power of Attorney being revoked was registered, you may need to also register the revocation. This will need to be lodged by a Solicitor or Licensed Conveyancer on your behalf to NSW Land Registry Services.

Record Keeping

Maintain a copy of the revocation and any acknowledgement or evidence of notification to the previous attorney.

Revoking an Appointment of Enduring Guardian

An Appointment of Enduring Guardian can also be revoked at any time, provided you still have mental capacity. In NSW, the Guardianship Regulation (NSW) 2016 Form 2 must be used to revoke an appointment. The following steps should be taken to ensure the revocation is effective:

Prepare the Revocation Form 2

This document should be prepared in the form set out in the regulations. Once complete, the document needs to be signed and dated in the presence of an authorised witness, being a Solicitor, Registrar of the Local Court or other witness prescribed by the regulations.

Notify the Guardian

To be effective, the guardian must be notified that their appointment has been revoked. This is best done by handing them the revocation personally, in the presence of a witness. If this is not practical, you may consider having them sign an acknowledgement that they received the revocation or otherwise confirm in writing or by email that they received the revocation.

Notify the Relevant Authority

Although uncommon, it is possible to register an Appointment of Enduring Guardian in the General Register of Deeds at Department of Land and Property Information. If this has been done, they should be notified of the revocation, so their records are accurate.

Record Keeping

Maintain a copy of the revocation and any acknowledgement or evidence of notification to the previous attorney.

Conclusion

Revoking a Power of Attorney or Appointment of Enduring Guardian is a simple process but requires careful attention to ensure that all parties are properly notified. A person appointed to act as an attorney and/or guardian is entitled to rely on that document and carry out authorised acts until they are revoked.

At Baker Love Lawyers, we act on your behalf to prepare the revocation forms to ensure they are completed correctly so that the revocation will be effective. Contact the team at Baker Love Lawyers today for assistance.