Difference between revisions of "Ending a Power of Attorney"
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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. | 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 | If you are incapable and cannot cancel your power of attorney, you or someone else can call the [http://www.trustee.bc.ca Public Guardian and Trustee] and report the situation. They will | ||
investigate. | investigate. | ||
Revision as of 20:52, 9 March 2017
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in October 2015. |
Can you cancel your 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.
 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)). Date: _____________________ |
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.
Send a copy of the revocation notice to any organizations, companies or individuals your attorney deals with.
Nidus Personal Planning Resource Centre and Registry provides detailed procedures for revoking a power of attorney, including a sample Notice of Revocation.
Can your attorney decide to quit?
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.
Does a new power of attorney cancel the old one?
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.”
What can you do 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 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 Public Guardian and Trustee and report the situation. They will investigate.
Can you 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.
Nidus provides detailed procedures for resigning as an attorney, including a sample Notice of Resignation.
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 Power of Attorney © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
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