How to Revoke or Change a Power of Attorney in British Columbia

A Power of Attorney (POA) is a powerful and essential legal document, but it’s not set in stone. Circumstances can change—relationships evolve, or you may simply decide you want to appoint a different person to manage your affairs. Fortunately, you can revoke or change a POA, but it’s crucial to follow the correct legal steps to ensure the change is valid and effective.

Here is a guide to the process of revoking or changing a Power of Attorney in British Columbia.

The Most Important Requirement: Mental Capacity

The most critical factor in revoking or changing a POA is your mental capacity. You (the “donor”) must have the legal capacity to understand the nature and consequences of what you are doing. If you have lost the capacity to make these decisions, you cannot legally revoke or change your POA, and court intervention would be required.

The Correct Way to Revoke a POA

Simply destroying the original document is not enough to legally revoke it. You must follow a specific process to ensure the change is recognized by all relevant parties.

1. Written Notice is Essential: You must put your decision to revoke the POA in writing. This document, often called a “Notice of Revocation,” should clearly state your name, the date the original POA was created, and the name(s) of the attorney(s) whose authority is being revoked.
2. Notify Your Attorneys: The revocation is not legally effective until you have provided a copy of the signed and dated Notice of Revocation to every attorney (and any alternate attorneys) named in the original document. It’s a good practice to deliver this notice in a way that you can prove its receipt, such as via registered mail or personal delivery with a witness.
3. Inform Third Parties: To prevent any unauthorized actions, you should immediately send a copy of the Notice of Revocation to all third parties who may have a copy of the original POA. This includes banks, financial institutions, and any government agencies that were notified of the POA.
4. Registration: If your POA was registered with the Land Title and Survey Authority for real estate transactions, you must also file the Notice of Revocation with them to ensure the revocation is effective for land dealings.

Changing a Power of Attorney

If you only want to make changes to your POA, you have two main options:

1. Amend the Existing POA: You can make a written amendment to the existing document, signed in the same manner as the original POA. However, this process can be complex and may cause confusion for third parties.
2. Create a New POA: A simpler and more common approach is to create a new Power of Attorney that includes the desired changes. It is crucial that the new document explicitly states that it revokes all previous Powers of Attorney you have made. This prevents multiple, conflicting documents from being in effect at the same time.

Practical Steps to Take

• Review: Start by carefully reviewing your existing POA for any specific instructions or conditions for revocation or amendment.
• Draft: Prepare a clear and concise Notice of Revocation or a new POA.
• Sign and Date: Sign the document and, for evidentiary purposes, it’s a good idea to have an independent adult witness your signature.
• Distribute: Ensure the notice is delivered to all attorneys, and copies are sent to all relevant third parties.
• Secure: After the process is complete, it’s recommended to retrieve and destroy all copies of the old POA to prevent any potential misuse.

Important Caveats

• Incapacity: If you have lost capacity, you cannot change or revoke your POA.
• Multiple Attorneys: If you have appointed multiple attorneys, revoking one attorney’s authority does not automatically revoke the entire POA unless the document specifically says so.
• New POA: A new POA does not automatically revoke a previous one unless it expressly states that intention and notice is given.

Properly revoking or amending a Power of Attorney is as important as creating one. Following these steps will ensure your wishes are legally recognized and that your affairs remain in the hands of the people you trust.

Northam Law offers comprehensive services for all of your power of attorney and estate planning needs. Call us now for your free consultation 604-630-2350 or email melissa@northam-law.com.

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