Ending a Power of Attorney: Difference between revisions

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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}}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.


== You can end a power of attorney ==
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.


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 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 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. 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 must give a signed and dated copy of the written Notice of Revocation to each attorney appointed in your power of attorney.
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.  


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.  
{{PLSTipsbox
| 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.
}}


You can also cancel a power of attorney by saying so in a new power of attorney replacing it.
== 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.  


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


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’ll need to notify any organizations, companies, or individuals that the attorney deals with if they resign.


:“I revoke any and all powers of attorney I have previously made.”
{{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.
}}


==What you can do if someone misuses your power of attorney==
== A new power of attorney doesn’t automatically cancel the old one ==
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.
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:  
 
:“I revoke any and all powers of attorney I have previously made.”
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.
 
 
==How to end a power of attorney==
 
===Step 1. Put your decision in writing===
 
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 and Registry] 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.
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.


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 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 and Registry] provides detailed procedures for resigning as an attorney, including a sample Notice of Resignation. 
}}


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Latest revision as of 19:47, 25 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in March 2019.
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Preparing a Power of Attorney
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Ending a Power of Attorney
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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:

  1. If you become mentally incapable, unless you have an enduring power of attorney clause.
  2. If your attorney dies, unless you name an alternate or more than one attorney.
  3. If you die.
  4. If a committee of estate is appointed to make legal and financial decisions for you.

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. 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.

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.

Nidus Personal Planning Resource Centre and Registry provides a sample notice of revocation and more information on how to revoke a power of attorney.

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.

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.

You’ll need to notify any organizations, companies, or individuals that the attorney deals with if they resign.

Nidus Personal Planning Resource Centre and Registry provides a sample notice of resignation and more information on how an attorney can resign.

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:

“I revoke any and all powers of attorney I have previously made.”
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.

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.

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.


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Preparing a Power of Attorney
Enduring Power of Attorney
Ending a Power of Attorney
Common Questions
Resources
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