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What is a Revocation of Power of Attorney?
A Revocation of Power of Attorney is used to revoke a General power of attorney (POA). A Revocation of Power of Attorney terminates an attorney’s appointment and revokes their authority to act on behalf of the person who made the POA (ie the POA donor).Revocations of Powers of Attorney are used to notify attorneys that their appointments have been cancelled so they do not continue exercising their powers.
For use in England and Wales only.
When should I use a Revocation of Power of Attorney?
Use this Revocation of Power of Attorney:
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if you are located in England or Wales only
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when an attorney was appointed under section 10 of the Powers of Attorney Act 1971 (ie they were given a POA)
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when the attorney is no longer required, and
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if you want to bring the POA to an end (either before its end date or if the POA did not include an expiry date)
Sample Revocation of Power of Attorney
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REVOCATION OF POWER OF ATTORNEY
THIS DEED OF REVOCATION is made on
_________________________________________(date) by me of , .
WITNESSES as follows:
- I revoke the Power of Attorney dated (the Power) in which I appointed of , to be my attorney for the purpose of the Power of Attorney Act 1971 (Section 10).
- I declare that all power and authority conferred by the Power is now revoked and withdrawn by me.
- I verify everything done by my attorney under the Power prior to the date hereof.
- This deed of resolution is a deed and has been executed by me as a deed.
IN WITNESS OF WHICH the said has signed this document as a deed on the date first before written
| Executed as a deed by | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Occupation | |
About Revocations of Powers of Attorney
Learn more about making your Revocation of Power of Attorney
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How to make a Revocation of Power of Attorney
Making a Revocation of Power of Attorney online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Revocation of Power of Attorney you will need the following information:
Donor and donee details
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What are the details of the person who granted power of attorney (ie their name and address)?
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What are the details of the person to whom power of attorney was granted (ie their name and address)?
Power of attorney
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On what date was the power of attorney granted?
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Common terms in a Revocation of Power of Attorney
Revocations of Powers of Attorney are used to bring powers of attorney to an end and to terminate the appointments of attorneys. To achieve this, this Revocation of Power of Attorney covers:
This Deed Of Revocation is made on…
This section sets out the date on which the Revocation of Power of Attorney is made and by whom (ie you, the donor). The donor’s address is included to provide further confirmation of their identity.
Witnesses as follows…
This section revokes the power of attorney and declares that the powers and authority conferred on the attorney are revoked and withdrawn. In this section, the donor also verifies everything done by their attorney under the POA up until the time that this Revocation of Power of Attorney made.
In witness of which…
This section clarifies that the Revocation of Power of Attorney is a deed and has been executed in accordance with the formalities of a deed. This also includes signature sections for the donor and their witness.
If you want your Revocation of Power of Attorney to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Revocation of Power of Attorney for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Revocation of Power of Attorney
Familiarise yourself with the witnessing requirements
For it to be executed (ie signed and completed) properly, you must sign your Revocation of Power of Attorney in front of a witness. After you have signed the Revocation of Power of Attorney, your witness must also sign the document and add certain relevant details.
Make sure that your witness meets the criteria for a witness. If not, the Revocation of Power of Attorney may not be deemed properly executed and may not be binding. When choosing a witness for your signature, bear in mind that they:
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must be independent - this means that they should not be closely connected to you (eg they shouldn’t be a family member or friend) or the Revocation of Power of Attorney (eg they shouldn’t be the attorney)
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must have mental capacity
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should not be under the age of 18
For more information, see the FAQ ‘Can the attorney witness the Revocation of Power of Attorney?’ and read the Make it legal checklist.
Understand that the situation is different in Scotland
This Revocation of Power of Attorney can be used to cancel a POA made by anyone based in England or Wales. It cannot be used to cancel POAs made by people based in Scotland. This is because different rules apply in Scotland regarding who can make POAs, when POAs can be made, and how they can be revoked. In Scotland, a revocation notice must be used to terminate a POA. For more information, read Power of attorney in Scotland and How to revoke or amend a power of attorney in Scotland. Ask a lawyer if you require a revocation notice for Scotland.
Get certified copies of your Revocation of Power of Attorney
Once you have made and signed your Revocation of Power of Attorney you should store your original document and make copies to send to all relevant parties (eg the attorney and your bank). Due to the nature of the Revocation of Power of Attorney, you should consider having certified copies made. Certified copies are those which have been confirmed as true copies of the original by a qualified person (eg a lawyer, minister or teacher). While Rocket Lawyer does not offer certification services, most solicitors do in return for a small fee.
Understand when to seek advice from a lawyer
Ask a lawyer for advice:
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on an attorney that you believe has acted unlawfully
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if you are located outside of England and Wales (eg in Scotland)
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if you have any questions or concerns about revoking your POA
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if this Revocation of Power of Attorney does not meet your needs
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Revocation of Power of Attorney FAQs
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What is included in a Revocation of Power of Attorney?
This Revocation of Power of Attorney template covers:
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situations where you have previously appointed an attorney to act on your behalf and now wish to revoke or cancel their appointment because you are not happy with your attorney
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situations where you have previously appointed an attorney and now wish to revoke or cancel their appointment because a year has passed and the power needs formal renewing, or
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situations where you have previously appointed an attorney and now wish to revoke or cancel their appointment because you no longer need the POA (eg the power was for a specific purpose and that purpose has been completed)
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Why do I need a Revocation of Power of Attorney?
You need a Revocation of Power of Attorney if you want to ensure your existing power of attorney has been formally revoked and cannot be exercised anymore.
This Revocation of Power of Attorney allows you to undo a POA you have previously given to someone. Making a Revocation of Power of Attorney not only terminates an attorney’s appointment but also helps communicate this revocation to the attorney so that they stop using their powers under the POA.
For more information, read Revoking a power of attorney and lasting power of attorney.
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Who can revoke a power of attorney?
A Power of attorney can only be revoked by a donor with mental capacity.
A donor will have mental capacity if they can make a specific decision as and when it needs to be made. A donor will be considered to have mental capacity if they are able to understand:
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the decision they need to make
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the reasons why they need to make that decision, and
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the potential outcomes of the decision
For more information, read Revoking a power of attorney and lasting power of attorney.
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When can a power of attorney be revoked?
A power of attorney can be cancelled at any time, as long as the donor still has mental capacity.
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How can I revoke a power of attorney?
To revoke your POA, you should complete the Revocation of Power of Attorney. You should then notify your attorney that their power to act has been revoked. When notifying your attorney, ask them to return the power of attorney document to you.
If the power of attorney was registered with the Office of the Public Guardian (OPG), you must:
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send the OPG a copy of the Revocation of Power of Attorney, and
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ask the OPC to remove the POA being revoked from their register
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Do I have to give notice to the attorney?
The attorney must be given notice of the Revocation of Power of Attorney in order to end their power to act on the donor’s behalf. It is a good idea to ask the attorney to sign a copy of the Revocation to confirm that they have had notice. If they are not aware that the POA has been revoked, they are able to continue to exercise their powers and their actions may be valid.
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What is automatic revocation?
An automatic revocation (or ‘automatic cancellation’) is where the power of attorney becomes void without the need for revocation. A POA is automatically cancelled if there are no replacement attorneys (or the attorneys can only act together) and:
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an attorney refuses to accept their appointment
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an attorney dies
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if an attorney is married to (or in a civil partnership with) the donor and the marriage/civil partnership is ended by divorce/dissolution, unless the POA states that the appointment is not to cease
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an attorney ceases to have the capacity to exercise the power
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an attorney is removed by the Court of Protection
For more information, read Revoking a power of attorney and lasting power of attorney.
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What happens if the attorney dies?
The power of attorney will end if the attorney dies and there is no replacement. If the POA is registered, you, as the donor, must inform the OPG of this and provide them with:
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a copy of the attorney’s death certificate
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the original and all certified copies of the power of attorney, and
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a return address that the documents can be sent back to
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What happens to a power of attorney when the donor dies?
When the donor dies, the power of attorney ends automatically. After their death, the donor's affairs will be looked after by their executors (if they appointed executors in their Last will and testament) or personal representatives (under the rules of intestacy, if they did not make a will), not their attorney.
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Can the attorney witness the Revocation of Power of Attorney?
No, the attorney cannot be a witness to the donor's signature on the Revocation of Power of Attorney. The witness:
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must be independent (ie not be closely connected to the donor or the Revocation of Power of Attorney)
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must have mental capacity
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should not be a family member
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should not be under the age of 18
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When will the Revocation of Power of Attorney take effect?
The Revocation of Power of Attorney will become effective as soon as it is distributed to the relevant parties. This means that your Revocation of Power of Attorney will only take effect once it has been communicated to everyone affected by it. This will always be your attorney (who is having their appointment to act on your behalf ended) and all other relevant parties (eg banks or other financial institutions).
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