Difference between revisions of "Ending a Power of Attorney"

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{{REVIEWEDPLS | reviewer = [[People's Law School]], October 2015}}
{{REVIEWEDPLS | reviewer = [[Kevin Smith]] |date= March 2019}}
{{Power of Attorney TOC}}
{{Power of Attorney TOC}}A '''limited power of attorney''' ends when the job it describes is done, or on the date it specifies. For example, if you gave your attorney power to sell a piece of property, the power of attorney ends when the property is sold.
=== Can I cancel my power of attorney? ===


You can revoke your power of attorney at any time as long as you are capable. You must put your decision in writing. The written decision is called a Notice of Revocation.
A '''general power of attorney''' automatically ends in each of these circumstances:
# If you become mentally incapable, unless you have an enduring power of attorney clause.
# If your attorney dies, unless you name an alternate or more than one attorney.
# If you die.
# If a '''committee of estate''' is appointed to make legal and financial decisions for you.


{{PLSExamplebox
== You can cancel your power of attorney ==
| tips = I,__________________(''insert your name''), revoke the power of attorney that I made on ___________(''insert date power of attorney was signed'') that appointed the following people ________________(''insert name of your attorney(s)'').
You can revoke — that is, cancel — your power of attorney at any time as long as you are mentally capable. You must put your decision in writing. The written decision is called a '''notice of revocation'''.  


Date: _____________________
You must give a signed and dated copy of the written notice of revocation to each attorney appointed in your power of attorney. Send a copy of the revocation notice to any organizations, companies, or individuals your attorney deals with. Keep a copy of the notice of revocation for your own records.


Signature: _________________
The revocation generally takes effect '''when it is given''' to everyone who needs to receive it. Or you can specify a future date when it should take effect.
 
{{PLSTipsbox
| text =  [http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides a sample notice of revocation and more information on how to revoke a power of attorney.
}}
}}
You must give a signed and dated copy of the written Notice of Revocation to each attorney appointed in your power of attorney.


The revocation takes effect when it is given to everyone required. You can also list a specific future date in the Notice of Revocation when it will take effect.
== Your attorney can quit ==
If your attorney wants to resign, they must say so in writing. The written decision is called a '''notice of resignation'''. They must give the written notice of resignation to you (as the person who appointed them) and to any other attorneys named in the power of attorney.  


Send a copy of the revocation notice to any organizations, companies or individuals your attorney deals with.
If you’re incapable of making decisions at the time your attorney is resigning, the attorney must also give the notice of resignation to your spouse, near relative, or close friend.  


[http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides detailed procedures for revoking a power of attorney, including a sample Notice of Revocation.
You’ll need to notify any organizations, companies, or individuals that the attorney deals with if they resign.


=== Can my attorney decide to quit? ===
{{PLSTipsbox
| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] provides a sample notice of resignation and more information on how an attorney can resign.
}}


Yes. Your attorney must tell you, preferably in writing, that he or she does not wish to continue. When that happens, you need to notify any organizations, companies or individuals that the attorney deals with, and then you will need to make a new power of attorney.
== A new power of attorney doesn’t automatically cancel the old one ==
You can also cancel a power of attorney by saying so in a new power of attorney replacing it. But be aware that more than one power of attorney can be in effect at the same time. If you want to be sure you have only one power of attorney in play, when you prepare a new power of attorney, write at the beginning:
:“I revoke any and all powers of attorney I have previously made.”


=== Does a new power of attorney cancel the old one? ===
{{PLSTipsbox
 
| text = Beware of signing a power of attorney provided by your bank, which may revoke your own power of attorney and undo your careful incapacity planning.
No. More than one power of attorney can be in effect at the same time. If you want to be sure you have only one power of attorney in effect, when you make a new power of attorney, write at the beginning:
}}


: “I revoke any and all powers of attorney I have previously made.”
== If someone misuses your power of attorney ==
Misusing a power of attorney is a crime. If your attorney abuses his or her power, cancel the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.  


=== What can I do if someone misuses my power of attorney? ===
If you’re incapable and can’t cancel your power of attorney, you or someone else can call the [http://www.trustee.bc.ca Public Guardian and Trustee] or a '''designated responder''', and report the situation. They will investigate.


Misusing a power of attorney is a crime. If your attorney abuses his or her power, cancel the power of attorney immediately and then get legal advice. You may be able to sue your attorney to get back any money or property that has been taken.
If you are incapable and cannot cancel your power of attorney, you or someone else can call the Office of the Public Guardian and Trustee and report the situation. They will
investigate.
=== Can I resign as attorney? ===
If you want to resign as the attorney, you must put your decision in writing. The written decision is called a Notice of Resignation. You must give a signed and dated copy of the written Notice of Resignation to the person who appointed you and any other attorneys named in the power of attorney.
If the adult is incapable at the time you are resigning, you must also give the Notice of Resignation to the adult’s spouse, near relative or close friend.
[http://www.nidus.ca Nidus] provides detailed procedures for resigning as an attorney, including a sample Notice of Resignation.
{{PLSPageNav
|Previous=Enduring Power of Attorney
|Next=Where to Get Help for Power of Attorney
}}


{{Power of Attorney Navbox}}
{{Power of Attorney Navbox}}

Latest revision as of 19:47, 25 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in March 2019.
Power of Attorney
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Introduction
Preparing a Power of Attorney
Enduring Power of Attorney
Ending a Power of Attorney
Common Questions
Where to Get Help
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A limited power of attorney ends when the job it describes is done, or on the date it specifies. For example, if you gave your attorney power to sell a piece of property, the power of attorney ends when the property is sold.

A general power of attorney automatically ends in each of these circumstances:

  1. If you become mentally incapable, unless you have an enduring power of attorney clause.
  2. If your attorney dies, unless you name an alternate or more than one attorney.
  3. If you die.
  4. If a committee of estate is appointed to make legal and financial decisions for you.

You can cancel your power of attorney

You can revoke — that is, cancel — your power of attorney at any time as long as you are mentally capable. You must put your decision in writing. The written decision is called a notice of revocation.

You must give a signed and dated copy of the written notice of revocation to each attorney appointed in your power of attorney. Send a copy of the revocation notice to any organizations, companies, or individuals your attorney deals with. Keep a copy of the notice of revocation for your own records.

The revocation generally takes effect when it is given to everyone who needs to receive it. Or you can specify a future date when it should take effect.

Tip v3.jpg
Nidus Personal Planning Resource Centre and Registry provides a sample notice of revocation and more information on how to revoke a power of attorney.

Your attorney can quit

If your attorney wants to resign, they must say so in writing. The written decision is called a notice of resignation. They must give the written notice of resignation to you (as the person who appointed them) and to any other attorneys named in the power of attorney.

If you’re incapable of making decisions at the time your attorney is resigning, the attorney must also give the notice of resignation to your spouse, near relative, or close friend.

You’ll need to notify any organizations, companies, or individuals that the attorney deals with if they resign.

Tip v3.jpg
Nidus Personal Planning Resource Centre and Registry provides a sample notice of resignation and more information on how an attorney can resign.

A new power of attorney doesn’t automatically cancel the old one

You can also cancel a power of attorney by saying so in a new power of attorney replacing it. But be aware that more than one power of attorney can be in effect at the same time. If you want to be sure you have only one power of attorney in play, when you prepare a new power of attorney, write at the beginning:

“I revoke any and all powers of attorney I have previously made.”
Tip v3.jpg
Beware of signing a power of attorney provided by your bank, which may revoke your own power of attorney and undo your careful incapacity planning.

If someone misuses your power of attorney

Misusing a power of attorney is a crime. If your attorney abuses his or her power, cancel the power of attorney immediately and then seek legal advice. You may be able to sue your attorney to get back any money or property that has been taken.

If you’re incapable and can’t cancel your power of attorney, you or someone else can call the Public Guardian and Trustee or a designated responder, and report the situation. They will investigate.


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Preparing a Power of Attorney
Enduring Power of Attorney
Ending a Power of Attorney
Common Questions
Resources
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