Difference between revisions of "Ending a Power of Attorney"

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{{REVIEWEDPLS | reviewer = [[People's Law School]] |date= October 2015}}
{{REVIEWEDPLS | reviewer = [[People's Law School]] |date= October 2015}}
{{Power of Attorney TOC}}
{{Power of Attorney TOC}}
=== Can you cancel your power of attorney? ===
== Can you cancel your power of attorney? ==


You can revoke your power of attorney at any time as long as you are capable. You must put your decision in writing. The written decision is called a Notice of Revocation.
You can revoke your power of attorney at any time as long as you are capable. You must put your decision in writing. The written decision is called a Notice of Revocation.
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[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.
[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.


=== Can your attorney decide to quit? ===
== Can your attorney decide to quit? ==


Yes. Your attorney must tell you, preferably in writing, that he or she does not wish to continue. When that happens, 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.
Yes. Your attorney must tell you, preferably in writing, that he or she does not wish to continue. When that happens, 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.


=== Does a new power of attorney cancel the old one? ===
== Does a new power of attorney cancel the old one? ==


No. 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:
No. 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:
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: “I revoke any and all powers of attorney I have previously made.”
: “I revoke any and all powers of attorney I have previously made.”


=== What can you do if someone misuses your power of attorney? ===
== What can you do 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 get 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 get legal advice. You may be able to sue your attorney to get back any money or property that has been taken.
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investigate.
investigate.


=== Can you resign as attorney? ===
== Can you resign as attorney? ==


If you want to resign as the attorney, you must put your decision in writing. The written decision is called a Notice of Resignation. You must give a signed and dated copy of the written Notice of Resignation to the person who appointed you and any other attorneys named in the power of attorney.
If you want to resign as the attorney, you must put your decision in writing. The written decision is called a Notice of Resignation. You must give a signed and dated copy of the written Notice of Resignation to the person who appointed you and any other attorneys named in the power of attorney.