Ending an enduring power of attorney

Can a donor change their mind about giving someone power of attorney?

Yes, an enduring power of attorney can be changed, varied or revoked at any time while the donor is still mentally capable. This should be done in writing, in a document that is signed and witnessed in the same way that the original power of attorney was witnessed

Different procedures apply for revoking, varying and replacing an enduring power of attorney, and the donor should get legal advice as to which of these procedures best suits their situation.

(for information see “What are the legal requirements for appointing an enduring power of attorney?” in this chapter). However, it does not need to be the same witness as on the first occasion. The attorney under the power of attorney being revoked should be notified of the revocation.

Note: Any bank or other agency likely to be affected should be notified that the power of attorney has been revoked.

Are there other times when an enduring power of attorney ceases to have effect?

(Protection of Personal and Property Rights Act 1988, ss.104 -106)

Yes. An enduring power of attorney ceases to have effect when:

the donor dies
the attorney gives notice of disclaimer (that is, he or she states in writing that they no longer want to act as attorney)
the attorney goes bankrupt
the attorney dies
the attorney loses legal capacity
one of two joint (not joint and several) attorneys dies the court revokes the appointment under section 105 of the 3PR Act.

When will the court revoke an appointment of enduring power of attorney?

(Protection of Personal and Property Rights Act 1988, s.105)

The court will revoke authority only if it is satisfied that:

the attorney is not acting in the donor’s best interests, or is likely not to act in the donor’s best interests, or
the appointment was obtained by undue influence or fraud.