How to Cancel or Change Your Power of Attorney

What Is a Financial Enduring Power Of Attorney?

As the name suggests, a financial enduring power of attorney is a type of power of attorney that authorises another person to make legal and financial decisions for you. This is a valid and legal document, which should not be oral but has to be in the written form. Once you have signed a financial enduring power of attorney in the favour of another person, that person will have the legal right to make financial and legal decisions on your behalf.

With most types of powers of attorney, such as a general power of attorney, its validity is determined by your mental state. Hence, if the person who has created the general power of attorney becomes mentally unfit, then the general power of attorney is not considered to be a valid document any longer. However, this is the most essential difference that a financial enduring power of attorney has over other types. Even if the person making the financial power of attorney becomes mentally incompetent, the financial power of attorney will still endure and continue to be treated as a valid document.

Creating a financial enduring power of attorney

When creating a financial enduring power of attorney, you need to specify various things such as:

  • Who will be appointed as the attorney: The appointment of an attorney for the financial enduring power of attorney is its main feature. Depending on the law in the state or territory you reside in, you may have a choice of appointing multiple attorneys rather than just one. If you do opt to appoint two attorneys, you will have to specify whether the attorneys need to take all financial and legal decisions jointly (meaning together with each other) or jointly and severally (meaning either one of the attorneys can take a legally binding decision if the other attorney is not available). Most states also allow you to appoint an alternative attorney. The alternative attorney’s powers will come into effect when the main attorney is unavailable due to reasons such as death, permanent disability, or mental instability among others.
  • When will the financial enduring power of attorney come into effect: When creating this document, you will also have to specify when you want the powers of the attorney to come into effect. There are several choices that you have in this regard. You can specify that the attorney’s powers will start as soon as the document has been created and signed, or you can specify any later date on which the power of the attorney will begin. If you do not want the power to start on a specific date, you do have the option of choosing a specific event that will trigger the power of attorney. For example, your document can mention that the financial enduring power of attorney will only begin if you lose mental capacity and remain mentally incompetent for at least two weeks. You can specify any such event for the power of your attorney to start. If you have created the document without specifying anything particular, then it will automatically be deemed to begin immediately.
  • Specifying the powers of the attorney: You can choose to specify exactly what powers will be bestowed upon your chosen attorney on creation of the power of attorney. You can keep it broad to include all types of financial and legal decisions, or you can mention only some specific decisions that may be taken by your attorney. In addition to specifying the powers of your attorney, you may also choose to mention how such power should be exercised.

Once you have created the financial enduring power of attorney by filling out the relevant form, you need to get it witnessed by at least two people. If two people are not present as witnesses to the signing of the document, it will not be considered as a valid and legal document. Of the two witnesses that you choose, only one person can be a family member. The other person should not be related to you. Also, one of the witnesses should have the authority to witness statutory declarations such as a power of attorney. Under no circumstances can any of the appointed attorneys witness the financial enduring power of attorney.

The need to change or cancel your power of attorney

After a power of attorney has been created and an attorney has been appointed, your circumstances may change and you may not need the power of attorney any longer. Or, you may want to alter the terms of the power of attorney or appoint a new attorney. In such cases, you do have the option of changing your power of attorney to specify the new terms, and even cancelling it altogether.

Reasons for changing or cancelling a power of attorney

Regardless of which type of power of attorney you have created, be it a general power of attorney, a financial power of attorney or a medical enduring document; you may want to change or cancel it for several reasons. Here is a look at some of the popular reasons why donors cancel their powers of attorney:

  • Want to appoint a new attorney: This is one of the main reasons for cancelling a power of attorney. Relationships are dynamic in nature and are always changing. Hence, if your relationship with your present attorney has changed and you no longer trust your attorney to act in your best interests, or you are no longer close to your attorney and uncomfortable sharing your thoughts with them, you may want to appoint a new attorney. The best way to do so is create a new power of attorney and cancel the previous one. Another reason you may want to appoint a new attorney is because you have found another person who is better suited to make important decisions on your behalf.
  • Your present attorney is not capable any more: Often your health, lifestyle or financial circumstances may change and you may find that your attorney is no longer capable of handling your affairs. For example, you had a very small business when you signed your financial enduring power of attorney and the monetary decisions were very simple. However, your business may have grown over the years and might have become extremely complex, with several complicated financial decisions to be taken. You may notice that your attorney was capable of making the small decisions but is no longer qualified to make the complex financial decisions that your business demands. In such a situation, you can cancel your power of attorney and make a new one, thereby appointing a new attorney.
  • Your attorney is never available: Sometimes you may end up appointing an attorney who may not be available because he travels a lot or because he has moved house and does not live in your city any longer. Whatever the reason for the unavailability of your attorney, it could be a valid reason to cancel or change your power of attorney.
  • Having multiple attorneys and one dies: Many people choose to appoint more than one attorney for their financial decisions and also specify that both the attorneys have to take all decisions jointly. In such situations if one of the attorneys dies, then you may need to appoint a new attorney in their place or cancel the power of attorney document altogether.

Regardless of what the existing reasons are, you have the power to change or cancel your power of attorney. However, it is possible to do so only if you have the mental capacity to make your own decisions. If you are mentally unfit or incompetent, then you do not have the power to cancel your powers of attorney. In such circumstances, if the tribunals or courts determine that your attorney is not necessarily acting in your best interest and is not making the right decisions on your behalf, then they have the authority to cancel any powers of attorney that you may have signed.

How to cancel or change your power of attorney

If you want to change some of the details in your power of attorney or appoint new attorneys, you will have to cancel the existing documents and fill out new forms for a new power of attorney. Here’s what you need to do to cancel existing documents of power of attorney:

  • Advise your attorneys that their powers have been cancelled: It is possible to cancel your power of attorney by simply telling the appointed attorney that their powers are being revoked. However, if there is any legal problem, then it can be impossible to prove that your power of attorney had been cancelled orally. Hence, to avoid any problems in the future, you should put the cancellation in writing and make sure that all your attorneys have a copy stating your wishes to cancel their powers of attorney.
  • Filling out a revocation form: Some states or territories in Australia may require you to fill out a formal revocation form in order to cancel any existing powers of attorney. If this is the law in your state, then the power of attorney will only be cancelled by filling out the relevant forms.

Once you have cancelled a power of attorney, you should make sure that you destroy all the written documents in this regard. Ask for any copies of the document back from your attorneys and destroy those too.

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22 Responses

  1. Default Gravatar
    PeterMay 7, 2018

    If a sign POA is already in place and active and another family member decides set up and signs a new POA without cancelling the current one. Is this family member braking the law even though they were aware of the current one? If so is their any penities for doing so.

    • Staff
      ArnoldMay 8, 2018Staff

      Hi Peter,

      Thanks for your inquiry

      It is not illegal to have 2 attornies listed on POA and they can act jointly’ or ‘jointly and severally’. Jointly means that all your Attorneys have to make decisions together. Jointly and severally means that they can make decisions on their own, without the agreement of the other Attorneys. You will have to speak with your lawyer about the penalties associated with any law that has been broken.

      Hope this information helps

      Cheers,
      Arnold

  2. Default Gravatar
    SueMay 7, 2018

    Two of my 3 brothers have power or attorney for my mum now in a nursing home with Alzheimers. One brother was carer for 7 years when she was at home. We now feel he is not acting in responsible way e.g. still spending mums money for personal things,not letting anyone in family home. My other brothers (1 is also power of attorney but doesn’t speak to other brother) and I want add me as power of attorney and take rights of brother living in house. Is this possible or do I have to apply for guardianship.

    • Staff
      NikkiMay 7, 2018Staff

      Hi Sue,

      Thanks for your message and for visiting finder – the leading comparison website & general information service built to give you advice in your buying decision needs. How are you doing today?

      Sorry to hear about this. After a power of attorney has been created and an attorney has been appointed, your circumstances may change and you may not need the power of attorney any longer. Or, you may want to alter the terms of the power of attorney or appoint a new attorney. In such cases, you do have the option of changing your power of attorney to specify the new terms, and even cancelling it altogether.

      If you want to change some of the details in your power of attorney or appoint new attorneys, you will have to cancel the existing documents and fill out new forms for a new power of attorney. Here’s what you need to do to cancel existing documents of power of attorney:

      Advise your attorneys that their powers have been cancelled: It is possible to cancel your power of attorney by simply telling the appointed attorney that their powers are being revoked. However, if there is any legal problem, then it can be impossible to prove that your power of attorney had been cancelled orally. Hence, to avoid any problems in the future, you should put the cancellation in writing and make sure that all your attorneys have a copy stating your wishes to cancel their powers of attorney.
      Filling out a revocation form: Some states or territories in Australia may require you to fill out a formal revocation form in order to cancel any existing powers of attorney. If this is the law in your state, then the power of attorney will only be cancelled by filling out the relevant forms.
      Once you have cancelled a power of attorney, you should make sure that you destroy all the written documents in this regard. Ask for any copies of the document back from your attorneys and destroy those too.

      Hope this helps! Feel free to message us anytime should you have further questions.

      Cheers,
      Nikki

  3. Default Gravatar
    JoannaMay 1, 2018

    I was made my father’s enduring guardian and power of attorney years ago. Since then we have had a breakdown between my siblings and myself and I believe they have convinced my dad to change his current will, power of attorney and enduring guardianship. I am ok with this but was wondering if I will be notified at all to let me know I am no longer required to do these duties. Thank you

    • Staff
      JeniMay 1, 2018Staff

      Hi Joanna,

      Thank you for getting in touch with finder.

      Regarding your enquiry, different states in Australia have different laws that permit the appointment of multiple attorneys or changing attorneys. Therefore, you need to be aware of the laws in your state or territory.

      As a friendly reminder, while we do not represent any company we feature on our pages, we can offer you general advice.

      You may seek advice or assistance from the Public Advocate Office of your state regarding your enquiry.

      I hope this helps.

      Have a great day!

      Cheers,
      Jeni

  4. Default Gravatar
    LizzApril 28, 2018

    Would if the person that has the power of attorney doesn’t want to produce it for the family to see? At what point can you cancel it if you’ve never seen it and my grandmother doesn’t know that she signed it?

    • Staff
      JhezelynApril 28, 2018Staff

      Hello Lizz,

      Thank you for your comment.

      For transparency purposes, the “Attorney” must let you see how the finances are being handled however if the “Attorney” doesn’t want to let you see the flow of finances of your grandmother, he/she can also do that.

      Furthermore, the power of attorney can be cancelled or revoked if your grandmother did not allow it. Your grandmom can send a written notice to the “Attorney” saying that his or her power has ended. Third parties like the people or organisations that have been dealing with the Attorney, must also be notified. Additionally, if the Power of Attorney is registered, your grandmom must also register the revocation.

      The most important part is to inform your grandmom’s lawyer of the revocation so that “Attorney” cannot legally continue to make decisions on your grandmom’s behalf. I hope this helps.

      Regards,
      Jhezelyn

  5. Default Gravatar
    JuneApril 19, 2018

    My surname was changed by my remarriage in overseas in 2016 after my two sons in Queensland became my POA. Are the existing POA documents with my old surname still valid? Do I need to do anything for it?

    I’m considering to change my surname back to the old one if we have to make a new one as I live in overseas, and my sons are quite busy so it is hard for three of us to get together and have a new one made. Advice is much appreciated.

    • Staff
      NikkiApril 20, 2018Staff

      Hi June,

      Thanks for your message and for visiting finder – the leading comparison website & general information service built to give you advice in your buying decision needs. How are you doing today?

      The original power of attorney remains enforceable, although if a dispute arises it may be necessary to produce evidence such as a marriage licence establishing the name change. It would, of course, be preferable to, if feasible, to facilitate execution of a replacement power of attorney with the new legal name.

      Hope this helps! Feel free to message us anytime should you have further questions.

      Cheers!

      Nikki

  6. Default Gravatar
    KristyApril 13, 2018

    How do I change my POA to be me my POA was changed to my father while I was in a coma at the hospital and I want it changed back to me what do I do?

    • Staff
      MayApril 13, 2018Staff

      Hi Kristy,

      Thanks for getting in touch.

      If you need to change anything in your power of attorney, you’d need to cancel the existing documents and fill out new forms for a new power of attorney. Please refer to the details above under the “How to cancel or change your power of attorney” section for the steps. Once you’ve done cancelling your power of attorney, make sure that you destroy all the written documents in this regard. Any copies that your attorneys are holding/keeping must also be destroyed.

      Hope this helps.

      Cheers,
      May

  7. Default Gravatar
    LeonMarch 28, 2018

    My wife and I have enduring power of attorneys that cover financial matters as well. However the start date for financial matters has the box checked but no date was input. Can we amend by placing a date in now or does a new power of attorney have to be set up?

    • Staff
      MayMarch 28, 2018Staff

      Hi Leon,

      Thanks for your inquiry.

      For any reason you have, you can actually make some changes on your power of attorney. You also have the option to cancel it all together if there are major changes (like the ones mentioned above) or if need be. When you need to change the date, please advise your attorney(s). They can also guide you on how to make amendments.

      Cheers,
      May

  8. Default Gravatar
    SusanneFebruary 4, 2018

    I need to alter POA at the moment I have joint POA I wish to remove one of these people and add another .
    This is an urgent matter as I’m going in for major life threatening surgery in 7 days.
    I’m in NSW and as I’ve been very ill I have had no income.
    I also need this person from having any imput in making any health decisions on my behalf.

    • Default Gravatar
      KathyApril 25, 2018

      My parents drew up with a lawyer power of attorney forms years ago.They named my brother as first and me as second.My brother does not want this responsibility so my mother wrote on the forms next to my brother second and next to me as first.Does this void the document?Do we have to create new forms to change it?We all live in state of Minnesota.

    • Staff
      JoshuaApril 25, 2018Staff

      Hi Kathy,

      Thanks for getting in touch with finder.

      You might need to discuss this with your attorney. If the power of attorney is still binding, then even if you make changes to your document, it might be considered as null and void. Thus, you first need to either cancel or change your power of attorney’s details.

      I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.

      Have a wonderful day!

      Cheers,
      Joshua

    • Staff
      MayFebruary 23, 2018Staff

      Hi Susanne,

      Thanks for getting in touch with finder and sorry for the delay. You may have already changed details of your POA by this time. Generally, if you want to alter some details on the POA, you have to advise your attorneys that there changes on POA and should put this in writing to avoid any problems in the future. Also, depending on your state, you may have to fill out a revocation form, so best to confirm this as well. In your case, please visit your local government site here. If the changes have already been done, you may also need to destroy any written copy/documents of your old POA.

      Cheers,
      May

  9. Default Gravatar
    SohrabOctober 3, 2017

    What if the person with the Power of Attorney starts using his power before the person dies & uses the knowledge for his own advantage? even if the person is alive?.

    • Staff
      AshOctober 4, 2017Staff

      Hi Sohrab,

      Thank you for contacting finder.

      To ensure that the Power of Attorney that you will make/ grant will not be abused, you should establish the specific time frame on when will it take effect. Also, you will need to make the guidelines for it especially on how vast will it powers be bestowed on.

      If you want to cancel the Power of Attorney that you have, first, you should be mentally capable then you would need to fill up a revocation form to have the decision in writing and avoid any legal conflicts. Kindly make sure that all your attorneys have a copy stating your wishes to cancel their powers of attorney.

      I hope this information helps.

      Let us know if there is anything else that we may assist you with.

      Cheers,
      Ash

  10. Default Gravatar
    RichardApril 16, 2017

    Could you tell me if Western Australia needs a formal revocation form to cancel an Enduring Power of Attorney

    • Staff
      ArnoldApril 16, 2017Staff

      Hi Richard,

      Thanks for your inquiry.

      Yes, but only if your enduring power of attorney has been lodged with Landgate, a revocation of your enduring power of attorney will not take effect until the revocation is also lodged with Landgate. It is recommended that you contact Landgate for the type of information they require on the written revocation.

      If your enduring power of attorney has not been lodged with Landgate then you can cancel your enduring power of attorney at any time while you
      have legal capacity. It is recommended that you do so in writing. A letter explaining that you wish to cancel (revoke) your enduring power of attorney, should be given to your attorney and any other interested party to whom you had provided a copy of your enduring power of attorney.

      Hope this information helped.

      Cheers,
      Arnold

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