| About the Revocation of Power of Attorney
What is the Revocation of Power of Attorney?
If you gave someone a Power of Attorney ("POA"), there may be all sorts of reasons why you might want to revoke it:
(1) If you do not trust the person that you appointed as your Attorney anymore. For example:
Your ex-spouse was your Attorney, and after an acrimonious divorce they might not have your best interests at heart.
(2) You found a more suitable candidate to be your Attorney. For example:
You got married and you want to appoint your new spouse as your Attorney rather than your sister.
(3) Your Attorney has been abusing the power you gave them. For example, they have been taking money out of your bank account without your permission, or they refuse to follow your instructions.
(4) Your Attorney moves to live in another country and it is no longer practical to have them as your Attorney.
The Revocation of Power of Attorney is a document that allows you to revoke the POA that you have made. Law Central allows you to prepare a Revocation of Power of Attorney made in WA, SA, NSW and Victoria.
Can't I just tear up the POA?
You could. But your Attorney may have retained a copy that you are not aware of. Your Attorney could still use it even though you don't want them to anymore.
The Revocation document puts it beyond doubt that the Power of Attorney has been revoked. You need to send a copy of the Revocation to your Attorney to make them aware that the POA has been withdrawn from them. It would then be illegal for them to keep using it.
Your Attorney could also lodge your POA for registration at the Department of Land Information (in WA), the Lands Titles Office (in SA) or the Land and Property Information NSW (in NSW). Even if you never registered it yourself, or you are not sure whether your Attorney registered it, it is a good idea to lodge the copy of the Revocation. This is to make sure that your Attorney cannot go and register the Power of Attorney later, even though you revoked it.
Send a copy of the Revocation to your bank and any other relevant organisations. Keep a list of all the places you sent the Revocation to.
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