Can I cancel or update a power of attorney?
You, as the person who made the original power of attorney (POA) (ie the granter), can cancel (or ‘revoke’) or update a POA at any time, as long as you have the mental capacity to understand the decision and its consequences. This is the most important requirement. You cannot cancel or amend a POA just because you disagree with a decision your attorney made if you no longer have capacity.
For example, you might want to cancel your POA if:
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your spouse or civil partner was your attorney, and you've since separated or divorced
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you no longer trust your attorney
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your chosen attorney has died or lost capacity themselves
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your circumstances have simply changed
What happens if I lose mental capacity?
If you've lost the mental capacity to make your own decisions (eg due to an illness or injury), you can no longer cancel or update your POA. The POA is specifically designed to operate in this situation. If you or someone else has serious concerns about an attorney's behaviour (eg they are misusing funds), it's not a simple cancellation. You would need to contact the Office of the Public Guardian (Scotland) (OPG in Scotland) or apply to the Sheriff Court to have the attorney(s) removed, which is a complex legal process. Ask a lawyer to learn more.
When can I update an existing POA?
You can only amend an existing POA for very minor administrative updates. This means changes that don't affect the substance of the document, such as:
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updating the name or address of the granter or an attorney (due to the nature of a POA, it’s curcial that these details are kept up to date on the OPG in Scotland’s record)
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correcting a spelling error
You cannot amend your POA to:
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add a new attorney
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add a substitute attorney
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add new powers
If you want to make any such significant changes, you must make a new POA and register it. This new POA will replace your old one.
How do I update a POA?
To make an administrative update, you'll need to provide the OPG in Scotland with written details of the change. You can use the OPG in Scotland's form to notify them of any changes to your or an attorney’s address.
Once the OPG in Scotland receives your update, they will amend their system to record the change and issue a letter confirming it. The change will become effective on the date it's registered by them.
Can I partially revoke a POA?
Yes, you can partially cancel a POA. A partial revocation allows you to cancel specific parts of your POA without cancelling the whole document. You must have the mental capacity to make this decision. This can include:
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removing an attorney (ie revoking their appointment) as long as there are other joint or substitute attorneys who will remain in place
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cancelling specific powers (eg the power to sell your home) from your POA while keeping the rest of the document active
How do I cancel a POA?
Revoking is a formal process for cancelling either your entire POA (ie ‘a full revocation’) or just parts of it (ia ‘a partial revocation’). The steps you need to take depend on whether your POA is registered with the OPG in Scotland. Most POAs, especially continuing and welfare POAs, must be registered to be effective.
If the POA isn’t registered
This applies if you've made a POA, but it hasn't been sent to the OPG in Scotland yet, or if it's a type of POA that didn't require registration. If you have mental capacity, you need to:
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set out in a written document (ie a written revocation) your clear intention to cancel the POA and sign it
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inform your attorney(s) of the cancellation by giving them a copy of the written revocation to legally stop them from acting for you
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notify third parties (like your bank, doctor, or care providers) that the POA has been cancelled
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destroy the original POA document and any copies
If the POA is registered
If your POA is registered with the OPG in Scotland, you must follow a formal process to revoke it. You must send the OPG in Scotland a revocation notice, signed and dated by you, and clearly stating which POA you are revoking. Note that there is no formal style for this notice, and it can be either typed or handwritten.
Along with this notice, you must include a revocation certificate (schedule 2). This certificate must be completed and signed by one of the following people:
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a practising solicitor registered to practise law in Scotland
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a practising member of the Faculty of Advocates
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a UK-registered and licensed medical practitioner
This person must interview you immediately before you sign the revocation notice to confirm that you have the mental capacity to understand the consequences of your actions. The OPG in Scotland will then officially record the revocation.
You should also send copies of the revocation notice to your former attorney(s) and any relevant third parties.
Does death automatically revoke a POA?
Yes. A POA, whether a continuing, welfare, or combined one, automatically ends when the granter dies. The attorney's power stops immediately. From that point, the executor named in the granter's Will (or an executor dative if there's no will) takes over responsibility for managing the estate. The attorney must provide a final account of their actions to the executor.
Ask a lawyer if you have any questions about cancelling or updating your power of attorney, or if you require a new one.
