We are often asked how a power of attorney instrument ("POA") can be altered or revoked by the adult who made it. There are also certain instances which cause a POA to be revoked, without any notice.
- Limits and conditions can be set in the POA indicating when the appointment terminates (for example, if the attorney's jurisdiction of residence changes to outside Canada).
- A change to a POA must be in writing and signed by the adult. Written notice of a change or revocation must be given to each attorney (Power of Attorney Act, s. 28(2)).
- If the POA is filed, the filings should be revoked (for example, at the Land Title Office and any financial institution).
- Many individuals do not realize that certain activities cause
the authority of an attorney to automatically end:
- if the attorney is a spouse and the marriage or marriage-like relationship ends (unless the POA states otherwise);
- the attorney becomes incapable or dies;
- the attorney is bankrupt;
- the attorney is a corporation which dissolves, winds up or ceases to carry on business; or
- the attorney is convicted of certain offences or an offence in which the adult was a victim.
Attorneys named in a POA should also be aware of the formal procedure that must be followed to resign (s.25):
- the attorney must give written notice of revocation to the adult and other attorneys; and
- if the adult has lost mental capacity, the attorney must give notice to a spouse, near relative or close friend.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.