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FAQs - Ending a Power of Attorney

Q

I gave my son-in-law a power of attorney but now my daughter’s marriage is in trouble and I no longer want my son-in-law to be able to act for me.

A

You can cancel a power of attorney at any time as long as you continue to have capacity. You can cancel it by giving written notice to the attorney. All organizations and companies dealing with the attorney should be notified in writing that the power of attorney has been cancelled.

An attorney under an enduring power of attorney must provide a final accounting within six months of the power of attorney coming to an end. If no final accounting is provided an application for a court order directing the attorney to provide it can be made.

Q

I gave my niece a power of attorney. She just passed away and in her Will she has named her husband as her Executor. How does this affect my power of attorney?

A

A power of attorney ends if the attorney dies. The responsibility cannot be passed on in a Will or other document.

Q

Can I decide to cancel my power of attorney at any time?

A

Yes, as long as you have legal or mental capacity. But remember, an enduring power of attorney will continue to be effective even if you lose the capacity to make decisions for yourself. Once a person has lost capacity to make decisions they cannot cancel an enduring power of attorney.

Q

My dad died recently. I have a power of attorney but he also appointed my brother as his Executor. How does this affect the power of attorney?

A

A power of attorney ends when the person granting it dies. At that point the Executor, if one is named in a Will, becomes responsible for handling matters.

Q

My brother has an enduring power of attorney to look after my father’s financial and personal affairs. My sister was concerned about how he was handling things and made an application to become my father’s personal and property guardian. If she is my father’s guardian and my brother has a power of attorney for my dad, who makes the decisions?

A

An enduring power of attorney ends if the court appoints someone else to make the decisions, or the Public Guardian and Trustee is given the authority to make decisions. For example, a power of attorney appointing a property attorney would end if the court appointed a property guardian for the person and a personal power of attorney would end if the court appointed a personal guardian for the person.

Q

My brother wants to stop being the attorney for my mom but my mom does not understand what is going on.

A

If your mom now lacks capacity, the written notice can be given to another attorney, if there is more than one attorney. If there are no other attorneys, the most immediate and available family member must be given the written resignation.

Q

My cousin just told me he does not want to be my attorney anymore. Does he have to give me some notice of this?

A

An attorney can cancel the power any time by telling the person who gave them the power (the grantor) that they are ending it. If it is an enduring power of attorney the resignation must be given in writing. The power of attorney document should be returned to the grantor. No notice is required.

Q

My daughter has been my attorney for years under an enduring power of attorney but she has now declared bankruptcy. How does this affect my Power of Attorney?

A

An enduring power of attorney ends if the attorney becomes bankrupt.

Q

We have given our son a power of attorney. Right now we are facing bankruptcy and want him to continue to act for us.

A

A power of attorney ends if the person granting it becomes bankrupt.

Q

I appointed my cousin as my power of attorney under an enduring power of attorney. He has a business that provides personal services to seniors who are living on their own but who need some help. In addition to him being my attorney, I have now hired him to provide some personal services for me.

A

An enduring power of attorney ends if the attorney starts providing personal or health care services to you or is convicted of one of certain criminal offences, such as assault or fraud. You will need to name another power of attorney or hire someone else to provide the personal services to you.

Q

A good friend of mine gave her nephew an enduring power of attorney. She is not well and does not seem to understand what her nephew is doing. Her bills are not always paid or not paid on time and there are certain personal items that are not purchased for her. Her nephew is living rent free in her house and using her car. Is there anything I can do?

A

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.

Q

I appointed my granddaughter to be my attorney specifically to deal with the sale of our cabin. When will this power of attorney end?

A

A specific power of attorney ends when the task is completed or a specified time or event occurs. For example, a power of attorney to sell certain real estate ends when that property is sold. As well, a power of attorney may come to an end on a date specified in the document.

Q

I gave my spouse a power of attorney but lately he has been very confused and when I tell him I don’t think he should be doing the banking anymore he does not seem to understand why.

A

A power of attorney ends if the attorney becomes mentally incompetent or you choose to end it. You should try to have the document returned to you and destroy it. You should also contact any places that might have a record of it, such as your bank, to let them know that it is no longer in effect.

Q

My wife, who I have appointed as my attorney, has just moved out because we are separating.

A

An enduring power of attorney will end if you stop living together as spouses. If it is a non-enduring power of attorney it will not end automatically but it can be cancelled. Again you should try to have the document returned to you and destroy it. You should also contact any places that might have a record of it, such as your bank, to let them know that it is no longer in effect.

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