Last updated December 21, 2023

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A Deed of Revocation is a document that cancels a Power of Attorney (POA), taking away the powers and authority granted within it. It’s also known as a Revocation of Power of Attorney.

Ultimately, a Deed of Revocation is written confirmation that you, the principal, want to revoke the powers you previously granted to your attorney (i.e., the personal representative you named in your POA). A Deed of Revocation can revoke ordinary, enduring, and lasting POAs.

Rather than only informing your attorney verbally, you must revoke a POA with a Deed of Revocation.

Like other estate planning documents, a Revocation of Power of Attorney helps you manage your life and protect your interests.

You may want to revoke a power of attorney with a Deed of Revocation when:

• You can act for yourself and no longer need a representative
• The event or activity that called for a POA is over (e.g., you were away on business but have now returned)
• Your attorney can no longer act on your behalf (e.g., they are moving, unwell, or have passed away)
• Your attorney is not fit to act on your behalf (e.g., they’re untrustworthy or irresponsible)
• You want to appoint someone else

A Deed of Revocation must plainly state your desire to revoke a previous POA and include:

• Your name
• Your attorney’s name
• The date the Power of Attorney took effect
• The date the Power of Attorney is revoked
• Your and your witnesses’ signatures

For a Deed of Revocation to become effective, you must complete the following steps:

1. Sign the revocation with witnesses.
2. Send your attorney a copy of the revocation and ask them to return all of their copies of the Power of Attorney.
3. Provide a copy of the revocation to any institutions, agencies, or offices where your POA was used or registered.

As long as you are mentally competent, you can use a Deed of Revocation to revoke a Lasting Power of Attorney. Additionally, if your Lasting Power of Attorney is registered, you must advise the Office of the Public Guardian so that they can update the LPA register to reflect the change:

• England and Wales Office of the Public Guardian
• Scotland Office of the Public Guardian
• Northern Ireland Office of Care and Protection

To advise the Office of the Public Guardian, you must send in both the original Lasting Power of Attorney and the Deed of Revocation.

As the principal of your Power of Attorney, you have the authority to cancel it. You can rescind your Power of Attorney anytime, as long as you are competent and notify your attorney. This is true even if the Power of Attorney has a specified end date.

However, it’s important to note that an Enduring or Lasting Power of Attorney remains in effect even if you’re mentally incapacitated. Once you lack mental capacity, you can no longer revoke an Enduring or Lasting POA.

It’s also important to note that courts can revoke a Power of Attorney in certain situations, including circumstances where an attorney is deemed unfit to act.

To ensure that it’s effective, you must give a written and signed Deed of Revocation to your attorney and any relevant third party that may deal with your attorney, such as your bank. In addition, ask your attorney to return all of their copies of the POA and mark them as "revoked."

You can deliver a written revocation in person, by mail, or through email. In any case, it’s best practice to get proof of delivery. It is insufficient to send a revocation and assume it has been received. You must be certain that all relevant parties have actually received the revocation. Therefore, using registered post or personally delivering the revocation may be the best option.

It’s best practice to use a written Deed of Revocation as evidence that you are revoking your attorney’s powers. Using a written document creates a paper trail and leaves no doubt as to your intention to revoke your attorney’s power. Providing your attorney with solely verbal notice is not a good idea.

In addition, using a Deed of Revocation helps ensure the revocation is legally recognized.

Related Documents

• Power of Attorney: Appoint someone to make legal, financial, or personal decisions on your behalf.
• Health Care Directive: Outline your medical preferences for health care professionals to reference when you're incapacitated.
• Last Will and Testament: Plan what happens to your assets, debts, properties, and possessions when you pass away.
• : Make a plan for funeral arrangements and what to do with your remains when you die.

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Deed of Revocation

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