How to Revoke Power of Attorney in NSW

Revoking the power of attorney document has a purpose. Perhaps there is no longer a need for the power of attorney, or you don't trust your appointed attorney. Maybe you want to choose another person to have power of attorney. There may even be some cases where a change is needed because the person holding power of attorney has been committing illegal acts. The revoked power of attorney immediately terminates all and any power of attorney. Under NSW law, a mentally capable person can revoke the power of attorney at any time.

Difficulty:

Moderately Easy

Instructions

Things You'll Need

• One witness
• Power of attorney revocation document
• Deed Index Particulars form

1. Tell your appointed attorney his power is revoked. New South Wales (NSW) law requires a written revocation of power of attorney document. This may be a letter or form. The Revocation form (see References) must have the date, principle, attorney, and witness. Your local community legal centers can assist you in composing your revocation document for free. The attorney could still use his power if he is not informed of the revocation.

2. Sign and have witnessed the revocation of power of attorney. The registrar of a local court can witness for free your revoked power of attorney document. The witness must be present when you sign your revoked power of attorney. NSW power of attorney documents registered with the Department of Lands have case numbers. The case number needs to be on the revocation document. Not all attorneys are registered with the Department of Lands.

3. Register the revoked power of attorney. Send a copy of the revocation of power of attorney to the NSW Department of Lands, Land and Property Information Division (LPI). A completed Deed Index Particulars form needs to be sent along with the revoked power of attorney document. Registering the revoked power of attorney lets others verify the revoked status.

4. Destroy all copies of the original power of attorney document. Instruct your former attorney to destroy all copies he possesses.

Tips & Warnings

• The person who has power of attorney is not necessarily a lawyer--although he is referred to as the "attorney."

• The purpose of a power of attorney is to protect the principle not the attorney. Choose your attorney wisely. Pick an attorney who puts your best interest first. A mentally capable person can revoke their power of attorney at any time for any reason.

• Get legal advice. While the form to revoke your power of attorney is simple, it is wise to seek legal advice in important financial matters.

References

• NSW Land and Property Management Authority: Powers of Attorney in New South Wales Revocation Form
• The Guardianship Tribunal: Enduring Power of Attorney
• NSW Government: The NSW Trustee and Guardian

Resources

• NSW Community Legal Centres: Welcome to the Community Legal Centres NSW