Revocation of Power of Attorney (excluding VIC, QLD, NT)
A Revocation of Power of Attorney is a legal document that gives you the ability to revoke a general or enduring power of attorney that you previously gave.
5.0 (3 reviews)
Last updated January 15, 2025
Under 5 minutes
Suitable for New South Wales, Australian Capital Territory, South Australia, Tasmania and Western Australia only
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
If you give someone the power of attorney to manage your affairs they can legally act on your behalf until their powers are officially revoked. As the principal (the person granting this power), it is within your rights to revoke your attorney's powers at any time for any reason, as long as you maintain legal capacity. This revocation is effective for both general and enduring powers of attorney.
Important
Generally, the attorney(s) appointed under the original power of attorney need to be notified of the revocation for the revocation to be effective. It is also good practice to notify any parties with whom the attorney(s) may have had dealings in exercising that role.
In the state jurisdictions where this revocation applies, the revocation does not need to follow a particular form. However, there may be additional requirements in certain legislation. For instance, the revocation may need to be registered if the power of attorney gave the power to deal with land or was registered with the relevant land office.
In the other state jurisdictions, particular forms must be used.
Further Information:
The Legal Risk Score of a Revocation of Power of Attorney (excluding VIC, QLD, NT) Template
Our legal team have marked this document as medium risk considering:
- There is a risk that the revocation may not be considered valid if the witnessing procedures, especially concerning remote witnessing, are not strictly adhered to as required by the law.
- It removes risk away from both the principal and the attorney.
- Although there is a specific execution requirement, the document can be corrected by completing and signing it again.
Revocation of Power of Attorney (excluding VIC, QLD, NT) Checklist
Complete your free Revocation of Power of Attorney (excluding VIC, QLD, NT) with our checklist
Ensure Proper Witnessing
Make certain that the revocation is witnessed by two individuals who meet the criteria specified in the document, including not being a relative, attorney, care worker, or accommodation provider for the principal.
Adhere to Remote Witnessing Requirements
If utilizing remote witnessing, ensure that all elements of the procedure are carried out on the same day and within the jurisdiction of Victoria, as stipulated by the law.
Notify Relevant Parties
After the document is properly executed, notify any parties who were relying on the previous power of attorney of its revocation to ensure they are aware of the change in legal authority.
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