NSW Revocation of Enduring Power of Attorney

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Use this document if you wish to revoke (cancel) the appointment of a person or persons as your Enduring Attorney/s in NSW.

No Prescribed Form

There is no prescribed form for revoking Enduring Powers of Attorney although the New South Wales Land Registry Services does have a template available on their website.  

The free template can be found here.

When can an Enduring Power of Attorney be revoked in NSW?

A principal may revoke an Enduring Power of Attorney at any time, so long as they have the requisite legal mental capacity required to do so.

Legal Mental Capacity

For a discussion of how to assess legal mental capacity, please see the NSW Justice Capacity Toolkit.

What are the requirements to revoke an Enduring Power of Attorney in NSW?

A document revoking a Power of Attorney must state the:

✅ Name of the Principal (the name of the Attorney is optional)

✅ Date of the Enduring Power of Attorney if not registered

✅ Registered number of the Enduring Power of Attorney if registered

✅ Date of the revocation; and include the

✅ Words "hereby revoke".

The original Enduring Power of Attorney document is not required.

What are the witnessing requirements?

✅ Any adult may witness the principal’s signature, so long as they are not a party to the document.

✅ The witness does not have to be a justice of the peace, solicitor or other "prescribed witness

Additional Steps Required to Legally Revoke

1️⃣ The Principal (the person revoking the appointment) must take reasonable steps to inform every Attorney affected by this revocation that you are bringing his/her Appointment to an end (preferably in writing).

The Attorney/s must then immediately cease to act as your Attorney/s.

If the Principal fails to inform every Attorney, their Attorneys can legally continue to make decisions on their behalf.

2️⃣ If the Enduring Power of Attorney is registered with the NSW Land Registry Service, the revocation does not have to be registered to be effective, however you must notify the Attorney of such revocation and be able to prove you provided such notice (if required).

See s47 Powers of Attorney Act 2003.

3️⃣  If anyone else, such as a bank, has been advised about the Enduring Power of Attorney, that person or entity should also be informed of the revocation.

Relevant Legislation:

The legislation governing the creation, cancellation, revocation and review of Enduring Powers of Attorney in New South Wales is:

➲ The Powers of Attorney Act 2003 (NSW); and

➲ The Powers of Attorney Regulation 2016 (NSW).

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When do I need to formally revoke the appointment of my Power of Attorney?

Whether or not you need to formally (in writing) revoke the Power of Attorney will depend upon your individual circumstances, as well as those of your appointed Attorney/s.

Attorney not acting in your best interest

If your Attorney does not follow your directions or does not act in your best interest, you should revoke the Power of Attorney.

Note: Making a new Power of Attorney does not automatically revoke earlier Powers of Attorney.

Each earlier Power of Attorney must be specifically revoked.

Legal Mental Capacity

The most important consideration is whether or not you think you may lose your legal mental capacity in the near future.

If this is the case, it is important you have executed your Will, and appointed Attorneys under Enduring Power of Attorney/s +/or Enduring GuardiansAdvance Health Directives you are confident will look after your best interests into the future.

If you have not considered and implemented your estate plan or are not confident you have appointed the right Executor/s, Attorney/s then now is time you need to make any required changes.

In order to revoke an Enduring Power of Attorney, the Principal (you) must still have legal mental capacity.  

For free resources aimed at providing assistance to lawyers and the public regarding how to assess legal mental capacity, please refer the following guides

➲ The Queensland Handbook for Legal Practitioners (i.e., Lawyers) on Capacity; or

➲ The NSW Justice Capacity Toolkit.

Important Note: All of the above applies regardless of whether or not you have concerns.

Legal mental capacity can be lost at anytime due to unforeseen circumstances.

We highly recommend that the above matters be considered as part of a regular review of your estate planning requirements.

If you lose legal mental capacity for any reason, and don't regain it, it will be too late to ensure your intent and instructions are followed.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What Steps are required to register Powers of Attorney (and Revocations) with NSW Land Registry Services

Q: Do I have to register my Power of Attorney?

A: No.

Registration is not essential, unless the proposed actions of the Attorney involve certain types of land +/or share transaction (see below).

It is highly recommended to register your Power of Attorney so that it is:

➲ On record as a public document;

➲ Safe from loss or destruction; and

➲ More easily accepted as evidence that your Attorney is allowed to deal with your legal + financial affairs.

Q: When must a Power of Attorney be registered in NSW?

A: A Power of Attorney must be registered for:

✅ Land transactions, except for a lease with a term less than 3 years including any option of renewal (s163 Conveyancing Act 1919);

✅ Land transactions involving Torrens Title land, except for a lease with a term less than 3 years including any option of renewal (s36(2) Real Property Act 1900); and

✅ Share transactions (Australian Stock Exchange practice).

Registering a Power of Attorney in NSW

To register a Power of Attorney, you must:

1️⃣  Lodge the Power of Attorney at NSW Land Registry Services, Level 30, 175 Liverpool Street, Sydney 2000; together with a

2️⃣  Completed Deeds Index Particulars form

Registering an Interstate Enduring Power of Attorney in NSW

An Enduring Power of Attorney made under the legislation of another State or Territory of Australia may be accepted for registration providing it is accompanied by a certificate from a Legal Practitioner (that is, a Lawyer) from that State or Territory stating:

➲ The Power of Attorney was made in accordance with the formal requirements of the law of that State or Territory; and

➲ He or she has been admitted, holds a practising certificate and practices in that State or Territory.

A Power of Attorney written in a foreign language must be accompanied by a translation and be verified by the interpreter.

Revocation of a Registered Power of Attorney in NSW

If the Power of Attorney is registered, although you are not legally required to do so, in an abundance of caution, we recommend you take the additional steps summarised below required to register the revocation.

If you wish to register this revocation, you must:

1️⃣  Lodge the revocation at NSW Land Registry Services, Level 30, 175 Liverpool Street, Sydney 2000; together with a

2️⃣  Completed Deeds Index Particulars form.

Notes for Completion of a Deeds Index Particulars Form

(A) Lodging Party - Must be completed.

(B) Instrument - Power of Attorney / Power of Attorney - Revocation of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The affected Power of Attorney if registered.

(D) Indexing - The Principal.

(E) Certification - Required.

NSW Land Registry Guideline Pages

Registration of a Power of Attorney [after 16.2.2004]

Revocation of a Power of Attorney

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.