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Ending a Power of Attorney

You can end a power of attorney at any time as long as you still have the capacity to make this type of decision. There are also some circumstances when a power of attorney will come to an end.

Ending a Non-Enduring Power of Attorney

Either you or the attorney can cancel a non-enduring power of attorney at any time.

You cancel a power of attorney by giving written notice to the attorney. You do not need to give any reasons. Your attorney can also decide to resign. If the power of attorney is cancelled the document should be returned to you. You should make sure that places where the power of attorney has been used, such as banks, know that it is has been cancelled.

A power of attorney may also come to an end on a date specified in the document. If the power of attorney was created for a specific purpose it will end when the task is completed. For example, a power of attorney to sell certain real estate ends when that property is sold.

A non-enduring power of attorney ends if you become mentally incompetent. A power of attorney also ends if your attorney becomes mentally incompetent or either of you die. Bankruptcy may also affect a power of attorney.

Ending an Enduring Power of Attorney

Any interested party can apply to court to have a power of attorney ended if they think that an attorney has abused their authority. If the court is satisfied that this is the case the court can end the power of attorney.

If you still have capacity you can end an enduring power of attorney anytime by revoking it in writing. You must understand the nature and effect of an enduring power of attorney and the effect of terminating it.

Your attorney can cancel the enduring power of attorney by giving you a written resignation. If you lack capacity the written notice can be given to another attorney, if you have appointed more than one. If there are no other attorneys, your most immediate and available family member will be given the written resignation.

An enduring power of attorney can also end on a date specified in the document.

An enduring power of attorney ends if...

  • you die
  • your attorney dies
  • your attorney lacks capacity
  • you appointed your spouse and you stop living together because you have decided to end your relationship
  • the court appoints someone else to make the decisions for you
  • the Public Guardian and Trustee is given the authority to make decisions for you
  • your attorney becomes bankrupt
  • your attorney starts providing personal or health care services to you
  • your attorney is convicted of one of certain criminal offences

FAQ's - Ending a Power of Attorney

Depending on the situation certain steps must be taken to end a power of attorney. In other situations the law states when a power of attorney will end.

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