When do I need to formally revoke my Power of Attorney?

Whether or not you need to formally (in writing) revoke the Power of Attorney will depend upon your individual circumstances, as well as those of your appointed Attorney/s.

Attorney not acting in your best interest

If your Attorney does not follow your directions or does not act in your best interest, you should revoke the Power of Attorney.

‍Note: Making a new Power of Attorney does not automatically revoke earlier Powers of Attorney.

Each earlier Power of Attorney must be specifically revoked.

Legal Mental Capacity

The most important consideration is whether or not you think you may lose your legal mental capacity in the near future.

If this is the case, it is important you have executed your Will, and appointed Attorneys under Enduring Power of Attorney/s +/or Enduring Guardians + Advance Health Directives you are confident will look after your best interests into the future.

If you have not considered and implemented your estate plan or are not confident you have appointed the right Executor/s, Attorney/s then now is time you need to make any required changes.

In order to revoke an Enduring Power of Attorney, the Principal (you) must still have legal mental capacity.  

For free resources aimed at providing assistance to lawyers and the public regarding how to assess legal mental capacity, please refer the following guides

➲ The Queensland Handbook for Legal Practitioners (i.e., Lawyers) on Capacity; or

➲ The NSW Justice Capacity Toolkit.

Important Note: All of the above applies regardless of whether or not you have concerns.

Legal mental capacity can be lost at anytime due to unforeseen circumstances.

We highly recommend that the above matters be considered as part of a regular review of your estate planning requirements.

If you lose legal mental capacity for any reason, and don't regain it, it will be too late to ensure your intent and instructions are followed.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.