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Revocation of Power of Attorney

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Your Revocation of Power of Attorney

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REVOCATION OF POWER OF ATTORNEY

I, _________________________ of _________________________, hereby revoke the power of attorney, which was granted by me on the 25th day of November, 2024 and which appointed _________________________ of _________________________ as my attorney. _________________________ no longer has the authority to act on my behalf and any authority previously conferred on _________________________ by said power of attorney is revoked, cancelled and terminated as of this ________ day of ________________, ________

IN WITNESS WHEREOF, I have hereunto set my hand and seal at the City of __________ in the Province of Alberta this ________ day of ________________, ________.

SIGNED, SEALED, AND DELIVERED
in the presence of:

___________________________________
WITNESS:
Address:____________________________
___________________________________

___________________________________
WITNESS:
Address:____________________________
___________________________________

_______________________________
_________________________

WITNESS ACKNOWLEDGEMENT

I, __________________________, currently residing at ________________________________________, in the City of __________________________, in the Province of Alberta hereby acknowledge that:

I witnessed the signing of the Revocation of Power of Attorney of _________________________ dated this ________ day of ________________, ________.
I am an adult with capacity to witness the signing of the Revocation of Power of Attorney.
In my opinion, _________________________ had the capacity to understand the nature and effect of the Revocation of Power of Attorney at the time the Revocation of Power of Attorney was signed and he signed it freely and voluntarily without any compulsion or influence from any person.

Signature:__________________________ Date:__________________________

WITNESS ACKNOWLEDGEMENT

I, __________________________, currently residing at ________________________________________, in the City of __________________________, in the Province of Alberta hereby acknowledge that:

I witnessed the signing of the Revocation of Power of Attorney of _________________________ dated this ________ day of ________________, ________.
I am an adult with capacity to witness the signing of the Revocation of Power of Attorney.
In my opinion, _________________________ had the capacity to understand the nature and effect of the Revocation of Power of Attorney at the time the Revocation of Power of Attorney was signed and he signed it freely and voluntarily without any compulsion or influence from any person.

Signature:__________________________ Date:__________________________

Instructions for Executing Your Revocation

Before signing your Revocation of Power of Attorney, ensure that you have read it and understand it.

To be valid, you must sign the document using your normal cheque signing signature. The signing must occur in the presence of your witnesses.

After you have signed your document in front of your witnesses, your witnesses must sign the document in your presence.

Remember that your witnesses cannot be your spouse, partner, child, your attorney or alternate attorney, or the spouse of your attorney or alternate attorney. Some jurisdictions disallow witnesses that are mentioned in your will, either as beneficiary or executor/executrix. You should generally avoid having witnesses that have any financial relationship with you. The witnesses must be of legal age in your jurisdiction and they must be mentally capable.

Effecting Your Revocation

To ensure that your revocation is effective, you must give actual notice of your revocation. This means that the written revocation must be received by the attorney and any third party affected by the power of attorney (e.g. financial institutions, land registries, and individuals). It is therefore insufficient to simply mail out your revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation - double-registered mail or personal delivery may be the best option. Furthermore, if your power of attorney gave authority over real estate, it is best to register your revocation with a legal description of the property in the deed registry or land titles office where the land is located.

Ask your attorney to return all of his/her copies of the power of attorney. Mark the words "Revoked" on each copy to ensure that they cannot be used again.

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Last updated January 31, 2024

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What is a Revocation of Power of Attorney?

A Revocation of Power of Attorney is a document that cancels a Power of Attorney (POA), taking away the powers and authority granted within it. It’s also known as a notice of revocation.

Ultimately, a Revocation of Power of Attorney is written confirmation that you, the principal, want to revoke the powers you previously granted to your attorney (i.e., the personal representative you named in your POA).

Rather than only informing your attorney verbally, you must revoke a POA with a written Revocation of Power of Attorney because it creates evidence of your intentions.

Like other estate planning documents, a Revocation of Power of Attorney helps you manage your life and protect your interests.

When to use a Revocation of Power of Attorney

You may want to revoke a power of attorney with a Revocation of Power of Attorney when:

You can act for yourself and no longer need a representative
The event or activity that called for a POA is over (e.g., you were away on business but have now returned)
Your attorney can no longer act on your behalf (e.g., they are moving, unwell, or have passed away)
Your attorney is not fit to act on your behalf (e.g., they’re untrustworthy or irresponsible)
You want to appoint someone else

What should a Revocation of Power of Attorney include?

A Revocation of Power of Attorney must plainly state your desire to revoke a previous POA and include:

Your name
Your attorney’s name
The date the Power of Attorney took effect
The date the Power of Attorney is revoked
Your and your witnesses’ signatures

How does a Revocation of Power of Attorney become effective?

In order for a Revocation of Power of Attorney to become effective, you must complete the following steps:

Sign the revocation with witnesses.
Provide a copy of the revocation to your attorney and ask them to return all of their copies of the Power of Attorney.
Provide a copy of the revocation to any institutions, agencies, or offices where your Power of Attorney may have been used or registered.

Can I use a Revocation of Power of Attorney to revoke an Enduring Power of Attorney?

As long as you are mentally competent, you can use a Revocation of Power of Attorney to revoke an Enduring Power of Attorney.

Who has the authority to revoke a Power of Attorney?

As the principal of your Power of Attorney, you have the authority to cancel it. You can rescind your Power of Attorney at any time, as long as you are competent and notify your attorney. This is true even if the Power of Attorney has a specified end date.

However, it’s important to note that an Enduring Power of Attorney remains in effect even if you’re mentally incapacitated. Once you are lacking mental capacity, you’re no longer able to revoke an Enduring POA.

It’s also important to note that courts have the authority to revoke a Power of Attorney in certain situations, including circumstances where an attorney is deemed unfit to act.

How to give notice with a Revocation of Power of Attorney

To ensure that it’s effective, you must give a written and signed Revocation of Power of Attorney to your attorney and any relevant third party that may deal with your attorney, such as your bank. In addition, ask your attorney to return all of their copies of the POA and mark them as "revoked."

You can deliver a written revocation in person, by mail, or through email. In any case, it’s best practice to get proof of delivery. It is insufficient to simply send a revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation. Therefore, using registered mail or personally delivering the revocation may be the best option.

Do I have to use a written Revocation of Power of Attorney?

It’s best practice to use a written Revocation of Power of Attorney as evidence that you are revoking your attorney’s powers. Using a written document creates a paper trail and leaves no doubt as to your intention to revoke your attorney’s power. Providing your attorney with solely verbal notice is not a good idea.

In addition, using a Revocation of Power of Attorney helps ensure the revocation is legally recognized.