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A revocation of power of attorney is a deed by which a donor cancels a power of attorney they previously granted, together with the written notice that tells the attorney and any third parties that the authority has ended.
Revocation only works when people know about it. Under section 5 of the Powers of Attorney Act 1971, an attorney who acts without knowing the power has been revoked incurs no liability, and a third party dealing with that attorney in good faith is protected as if the power were still in force. Signing the deed and putting it in a drawer therefore achieves very little. The notice is the operative step.
Other names: deed of revocation of power of attorney, cancellation of power of attorney, notice of revocation of power of attorney, POA revocation, withdrawal of power of attorney.
| Type of power | Can this document revoke it? |
|---|---|
| General power of attorney under s.10 Powers of Attorney Act 1971 | Yes |
| Specific or limited power of attorney | Yes |
| Trustee power of attorney under s.25 Trustee Act 1925 | Yes, and co-trustees should also be told |
| Registered lasting power of attorney | No. An LPA is revoked by a deed of revocation sent to the Office of the Public Guardian under the Mental Capacity Act 2005 |
| Enduring power of attorney, once registered | No. Court of Protection involvement is required |
If the power you want to cancel is a lasting or registered enduring power of attorney, this is not the right document.
A power of attorney also ends automatically. You do not need this document if one of these has already happened, although a written notice to third parties is still worth sending so that nobody continues to act.
About the original power
About the revocation
About notice
Serve the notice, and prove you served it. Section 5 of the Powers of Attorney Act 1971 turns on knowledge. Send the notice by a method that produces evidence of delivery and keep that evidence with the deed. Without it you can find yourself bound by a transaction signed after the revocation date.
Recover the original and every certified copy. Section 3 of the 1971 Act allows a certified copy to be used as proof of the contents of a power. A copy in circulation is as dangerous as the original. Ask for all of them back in writing.
Do not forget the institutions. Banks, building societies, brokers, HM Land Registry, insurers, utility providers, letting agents and accountants each keep their own record. Each one needs its own notice.
Tell your co-trustees. If you are revoking a delegation made under section 25 of the Trustee Act 1925, the people who received the original section 25(4) notice should be told that it has ended.
Execute it as a deed. The safest course is to revoke in the same form as the original grant. The donor signs in the presence of an independent witness who signs and gives their name and address.
Between the donor and the attorney, from the moment the attorney knows of it. As against third parties, from the moment they know. Section 5 of the Powers of Attorney Act 1971 protects an attorney who acts in ignorance of the revocation, and protects a third party who deals with that attorney in good faith, so the date on the deed matters less than the date the notices land.
No. A donor with mental capacity can revoke at any time, for any reason or none. You do not have to explain yourself to the attorney, and this document does not ask you to state a reason.
Not as a strict legal requirement in every case, but it should be. Executing the revocation as a deed, signed in the presence of an independent witness, matches the formality of the original grant and removes any argument about validity.
No. A lasting power of attorney is revoked by a deed of revocation sent to the Office of the Public Guardian, which removes it from the register under the Mental Capacity Act 2005. Use this document only for general, specific and trustee powers of attorney.
Send the notice anyway and keep proof of delivery. Once the attorney has received notice, the power is revoked as between you and them regardless of who holds the paper, and any further use of it is unauthorised. Then notify every third party directly, which is what actually stops the power being used.
Anything the attorney did with authority, before revocation, stands. Anything they did after receiving notice was unauthorised, and they may be personally liable to you and to the third party. Anything done in genuine ignorance of the revocation is protected by section 5 of the Powers of Attorney Act 1971, which is why prompt notice matters so much.
Yes, if attorneys were appointed jointly and severally. If they were appointed jointly, removing one usually ends the whole appointment, because the remaining attorney cannot act alone. Check the wording of the original power before you decide.
Yes, if the power was used or lodged in connection with registered land. Notify HM Land Registry in writing so that the power is not accepted on a future disposition.
Nothing beyond producing the document and sending the notices. There is no registration and no fee, because general, specific and trustee powers of attorney are not registered in the first place.
Yes. Revoke the old one first, so that there is no period in which two inconsistent powers are in circulation, and make clear in the new deed that it replaces the earlier one.
This page and the revocation of power of attorney were drafted and reviewed by the lawyers who build Hello Legal's document library.
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This page gives general legal information. It is not legal advice for your particular situation.
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