Ending a Power of Attorney - Revision history

Drew Jackson: /* If someone misuses your power of attorney */

2019-03-25T19:47:40Z

If someone misuses your power of attorney

← Older revision		Revision as of 19:47, 25 March 2019
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	Misusing a power of attorney is a crime. If your attorney abuses his or her power, cancel the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.		Misusing a power of attorney is a crime. If your attorney abuses his or her power, cancel the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.

	If you’re incapable and can’t cancel your power of attorney, you or someone else can call the Public Guardian and Trustee or a '''designated responder''', and report the situation. They will investigate.		If you’re incapable and can’t cancel your power of attorney, you or someone else can call the [http://www.trustee.bc.ca Public Guardian and Trustee] or a '''designated responder''', and report the situation. They will investigate.

Drew Jackson: /* Your attorney can quit */

2019-03-25T19:46:35Z

Your attorney can quit

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	{{PLSTipsbox		{{PLSTipsbox
	\| text = http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides a sample notice of resignation and more information on how an attorney can resign.		\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides a sample notice of resignation and more information on how an attorney can resign.
	}}		}}

Drew Jackson at 19:45, 25 March 2019

2019-03-25T19:45:45Z

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	{{PLSTipsbox		{{PLSTipsbox
	\| text = Nidus Personal Planning Resource		\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides a sample notice of revocation and more information on how to revoke a power of attorney.
	Centre and Registry provides a sample notice of revocation and more information on how to revoke a power of attorney.
	}}		}}

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	{{PLSTipsbox		{{PLSTipsbox
	\| text = Nidus Personal Planning Resource		\| text = http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides a sample notice of resignation and more information on how an attorney can resign.
	Centre and Registry provides a sample notice of resignation and more information on how an attorney can resign.
	}}		}}

Elena Renderos at 04:11, 23 March 2019

2019-03-23T04:11:37Z

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	{{REVIEWEDPLS \| reviewer = [[Kevin Smith]] \|date= March 2019}}		{{REVIEWEDPLS \| reviewer = [[Kevin Smith]] \|date= March 2019}}
	{{Power of Attorney TOC}}		{{Power of Attorney TOC}}A '''limited power of attorney''' ends when the job it describes is done, or on the date it specifies. For example, if you gave your attorney power to sell a piece of property, the power of attorney ends when the property is sold.

	A '''limited power of attorney''' ends when the job it describes is done, or on the date it specifies. For example, if you gave your attorney power to sell a piece of property, the power of attorney ends when the property is sold.

	A '''general power of attorney''' automatically ends in each of these circumstances:		A '''general power of attorney''' automatically ends in each of these circumstances:

Elena Renderos at 04:11, 23 March 2019

2019-03-23T04:11:14Z

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	{{REVIEWEDPLS \| reviewer = [[Kevin Smith]] \|date= March ~~2017~~}}		{{REVIEWEDPLS \| reviewer = [[Kevin Smith]] \|date= March 2019}}
	{{Power of Attorney TOC}}~~If you make a power of attorney, naming someone to take care of financial and legal matters for you, you may decide you want to end it.~~		{{Power of Attorney TOC}}

	~~== You can end~~ a power of attorney ==		A '''limited power of attorney''' ends when the job it describes is done, or on the date it specifies. For example, if you gave your attorney power to sell a piece of property, the power of attorney ends when the property is sold.

	If you ~~make a~~ power of attorney, you ~~may end (“revoke”) it at any time as long as~~ you ~~are capable~~. ~~The law presumes you are capable unless it~~ is ~~shown that~~ you ~~are not~~.		A '''general power of attorney''' automatically ends in each of these circumstances:
			# If you become mentally incapable, unless you have an enduring power of attorney clause.
			# If your attorney dies, unless you name an alternate or more than one attorney.
			# If you die.
			# If a '''committee of estate''' is appointed to make legal and financial decisions for you.

	You must put your decision in writing. The written decision is called a ~~Notice~~ of ~~Revocation. See below for suggested wording~~.		== You can cancel your power of attorney ==
			You can revoke — that is, cancel — your power of attorney at any time as long as you are mentally capable. You must put your decision in writing. The written decision is called a '''notice of revocation'''.

	You must give a signed and dated copy of the written ~~Notice~~ of ~~Revocation~~ to each attorney appointed in your power of attorney. ~~The~~ revocation ~~takes effect when it is given~~ to ~~everyone required~~. ~~You can also list~~ a ~~specific future date in~~ the ~~Notice~~ of ~~Revocation when it will take effect~~.		You must give a signed and dated copy of the written notice of revocation to each attorney appointed in your power of attorney. Send a copy of the revocation notice to any organizations, companies, or individuals your attorney deals with. Keep a copy of the notice of revocation for your own records.

	~~You~~ can ~~also cancel a power of attorney by saying so in~~ a ~~new power of attorney replacing~~ it.		The revocation generally takes effect '''when it is given''' to everyone who needs to receive it. Or you can specify a future date when it should take effect.

	=~~==A new~~ power of attorney ~~does not cancel the old one===~~		{{PLSTipsbox
			\| text = Nidus Personal Planning Resource
			Centre and Registry provides a sample notice of revocation and more information on how to revoke a power of attorney.
			}}

	~~More than one power of~~ attorney can be in ~~effect at~~ the ~~same time. If~~ you ~~want~~ to ~~be sure you have only one power of attorney~~ in ~~effect, when you make a new~~ power of attorney~~, write at the beginning:~~		== Your attorney can quit ==
			If your attorney wants to resign, they must say so in writing. The written decision is called a '''notice of resignation'''. They must give the written notice of resignation to you (as the person who appointed them) and to any other attorneys named in the power of attorney.

	~~:“I revoke any and all powers~~ of attorney ~~I have previously made~~.”		If you’re incapable of making decisions at the time your attorney is resigning, the attorney must also give the notice of resignation to your spouse, near relative, or close friend.

	~~===What you can do if someone misuses your power of attorney===~~		You’ll need to notify any organizations, companies, or individuals that the attorney deals with if they resign.
	~~Misusing a power of attorney is a crime. If your attorney abuses his or her power, end the power of attorney immediately and then seek legal advice. You may be able~~ to ~~sue your attorney to get back~~ any ~~money~~ or ~~property~~ that ~~has been taken~~.

	~~If you are incapable~~ and ~~cannot revoke your power~~ of attorney~~, you or someone else~~ can ~~call the [http://www.trustee.bc.ca Public Guardian and Trustee] and report the situation. They will investigate~~.		{{PLSTipsbox
			\| text = Nidus Personal Planning Resource
			Centre and Registry provides a sample notice of resignation and more information on how an attorney can resign.
			}}

	==~~How to end a~~ power of attorney==		== A new power of attorney doesn’t automatically cancel the old one ==
			You can also cancel a power of attorney by saying so in a new power of attorney replacing it. But be aware that more than one power of attorney can be in effect at the same time. If you want to be sure you have only one power of attorney in play, when you prepare a new power of attorney, write at the beginning:
	~~===Step 1. Put your decision in writing===~~		:“I revoke any and all powers of attorney I have previously made.”

	~~To end~~ a power of attorney ~~you have made, put your decision~~ in ~~writing. The written decision is called~~ a ~~Notice~~ of ~~Revocation~~. ~~You~~ can ~~use wording like this:~~

	~~:''I, __________________ ''[insert your name]'', revoke~~ the power of attorney ~~that I made on ___________ ''[insert date~~ power of attorney ~~was signed]'' that appointed~~ the ~~following people ________________ ''[insert name of your attorney(s)]'' as my attorneys.''<br/>~~
	~~:''Date~~:~~'' _____________________<br/>~~
	:~~''Signature:'' _________________~~

	~~Sign~~ and ~~date the Notice~~ of ~~Revocation~~.

	{{PLSTipsbox		{{PLSTipsbox
	~~\|width = 50%~~		\| text = Beware of signing a power of attorney provided by your bank, which may revoke your own power of attorney and undo your careful incapacity planning.
	\| text = ~~[http://www.nidus.ca Nidus Personal Planning Resource Centre] provides detailed procedures for revoking~~ a power of attorney, ~~including a sample Notice~~ of ~~Revocation~~.
	}}		}}

	==~~=Step 2. Give a copy~~ of ~~the revocation to your~~ attorney~~(s)~~===		== If someone misuses your power of attorney ==
			Misusing a power of attorney is a crime. If your attorney abuses his or her power, cancel the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.
	~~Give~~ a ~~signed and dated copy of the written Notice of Revocation to each attorney appointed in your~~ power of attorney~~. It~~ is a ~~good idea to also give it to any alternate attorneys~~.

	~~There is no specific way you are required to deliver~~ the ~~notice~~. You may ~~wish~~ to ~~send it by registered mail~~ to ~~the person’s last known address, to be sure~~ that ~~they receive it~~.

	~~===Step 3. Give a copy of the revocation to anyone else you gave the power of attorney===~~

	If ~~you gave a copy of the~~ power of attorney to a ~~bank or other financial service~~, ~~send them a copy of~~ the ~~Notice of Revocation~~.		If you’re incapable and can’t cancel your power of attorney, you or someone else can call the Public Guardian and Trustee or a '''designated responder''', and report the situation. They will investigate.

	~~If you filed your power of attorney with the [https://ltsa.ca/ Land Title Office], you must also file your revocation with them.~~

	~~==If your attorney refuses to act or decides to quit==~~

	~~If the attorney you appointed in a power of attorney wants to quit, they must put their decision in writing. The written decision is called a Notice of Resignation.~~

	~~They must give the written Notice of Resignation to you as the person who appointed them and to any other attorneys named in the power of attorney.~~

	~~If the adult is incapable of making decisions at the time an attorney is resigning, the attorney must also give the Notice of Resignation to a spouse, near relative, or close friend of the adult.~~

	~~If your attorney resigns, you need to notify any organizations, companies or individuals that the attorney deals with, and then you will need to make a new power of attorney.~~

	~~{{PLSTipsbox~~
	~~\|width = 50%~~
	~~\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre] provides detailed procedures for resigning as an attorney, including a sample Notice of Resignation.~~
	}}

	{{Power of Attorney Navbox}}		{{Power of Attorney Navbox}}

Drew Jackson: /* Step 1. Put your decision in writing */

2018-03-23T13:55:14Z

Step 1. Put your decision in writing

← Older revision		Revision as of 13:55, 23 March 2018
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	{{PLSTipsbox		{{PLSTipsbox
	\|width = 50%		\|width = 50%
	\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre ~~and Registry~~] provides detailed procedures for revoking a power of attorney, including a sample Notice of Revocation.		\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre] provides detailed procedures for revoking a power of attorney, including a sample Notice of Revocation.
	}}		}}

Drew Jackson: /* If your attorney refuses to act or decides to quit */

2018-03-23T13:54:59Z

If your attorney refuses to act or decides to quit

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	{{PLSTipsbox		{{PLSTipsbox
	\|width = 50%		\|width = 50%
	\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre ~~and Registry~~] provides detailed procedures for resigning as an attorney, including a sample Notice of Resignation.		\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre] provides detailed procedures for resigning as an attorney, including a sample Notice of Resignation.
	}}		}}

Drew Jackson at 06:14, 22 March 2018

2018-03-22T06:14:37Z

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	If you filed your power of attorney with the [https://ltsa.ca/ Land Title Office], you must also file your revocation with them.		If you filed your power of attorney with the [https://ltsa.ca/ Land Title Office], you must also file your revocation with them.

	~~==Also be aware==~~		==If your attorney refuses to act or decides to quit==

	===If your attorney refuses to act or decides to quit===

	If the attorney you appointed in a power of attorney wants to quit, they must put their decision in writing. The written decision is called a Notice of Resignation.		If the attorney you appointed in a power of attorney wants to quit, they must put their decision in writing. The written decision is called a Notice of Resignation.

Drew Jackson: /* What you can do if someone misuses your power of attorney */

2018-03-22T06:13:13Z

What you can do if someone misuses your power of attorney

← Older revision		Revision as of 06:13, 22 March 2018
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	Misusing a power of attorney is a crime. If your attorney abuses his or her power, end the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.		Misusing a power of attorney is a crime. If your attorney abuses his or her power, end the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.

	If you are incapable and cannot revoke your power of attorney, you or someone else can call the Public Guardian and Trustee and report the situation. They will investigate.		If you are incapable and cannot revoke your power of attorney, you or someone else can call the [http://www.trustee.bc.ca Public Guardian and Trustee] and report the situation. They will investigate.

	==How to end a power of attorney==		==How to end a power of attorney==

Drew Jackson: /* You can end a power of attorney */

2018-03-22T06:11:46Z

You can end a power of attorney

← Older revision		Revision as of 06:11, 22 March 2018
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	If you make a power of attorney, you may end (“revoke”) it at any time as long as you are capable. The law presumes you are capable unless it is shown that you are not.		If you make a power of attorney, you may end (“revoke”) it at any time as long as you are capable. The law presumes you are capable unless it is shown that you are not.

	You must put your decision in writing. The written decision is called a Notice of Revocation.		You must put your decision in writing. The written decision is called a Notice of Revocation. See below for suggested wording.

	You must give a signed and dated copy of the written Notice of Revocation to each attorney appointed in your power of attorney.		You must give a signed and dated copy of the written Notice of Revocation to each attorney appointed in your power of attorney. The revocation takes effect when it is given to everyone required. You can also list a specific future date in the Notice of Revocation when it will take effect.

	~~The revocation takes effect when it is given to everyone required.~~ You can also ~~list~~ a ~~specific future date~~ in the ~~Notice~~ of ~~Revocation when it will take~~ effect.		You can also cancel a power of attorney by saying so in a new power of attorney replacing it.

			===A new power of attorney does not cancel the old one===

			More than one power of attorney can be in effect at the same time. If you want to be sure you have only one power of attorney in effect, when you make a new power of attorney, write at the beginning:

	~~You can also cancel a power~~ of attorney ~~by saying so in a new power of attorney replacing it~~.		:“I revoke any and all powers of attorney I have previously made.”

	===What you can do if someone misuses your power of attorney===		===What you can do if someone misuses your power of attorney===