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A Principal may revoke an Enduring Power of Attorney NSW Form (EPOA) +/or General Power of Attorney NSW (POA) at any time, so long as they have the requisite legal mental capacity required to do so.
If your Attorney does not follow your directions or does not act in your best interest, you should consider revoking the Power of Attorney NSW using this automated legal document.
You or someone on your behalf should inform the attorney of the revocation, preferably in writing.
The Attorney must then immediately cease to act as your Attorney.
If anyone else, such as a bank, has been advised about the Power of Attorney NSW (POA), that person or entity should also be informed of the revocation.
Note: Making a new Power of Attorney (POA) does not automatically revoke an earlier Power of Attorney NSW (POA).
Each earlier Power of Attorney NSW (POA) must be specifically revoked.
For a discussion of how to assess legal mental capacity, please see the NSW Justice Capacity Toolkit.
There is no prescribed form for revoking an Enduring Power of Attorney NSW Form (EPOA) / General Power of Attorney NSW (POA) although if you decide not to use this automated legal document the New South Wales Land Registry Services does have a template available on their website.
The free template can be found here.
A document revoking a Power of Attorney NSW (POA) must state the:
✅ Name of the Principal (the name of the Attorney is optional);
✅ Date of the Enduring Power of Attorney NSW Form (EPOA) +/or General Power of Attorney NSW (POA) if not registered;
✅ Registered number of the Enduring Power of Attorney Nsw Form (EPOA) +/or General Power of Attorney NSW (POA) if registered;
✅ Date of the revocation; and include the
✅ Words "hereby revoke".
The original Enduring Power of Attorney Nsw Form (EPOA) +/or General Power of Attorney NSW (POA) document is not required.
✅ 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“
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 NSW Form (EPOA) +/or General Power of Attorney NSW (POA) 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 NSW Form (EPOA) +/or General Power of Attorney NSW (POA) that person or entity should also be informed of the revocation.
A: No.
Registration of the Revocation is not essential, however it is recommended.
It is highly recommended to register your Revocation of NSW Power of Attorney POA so that it is:
➲ On record as a public document;
➲ Safe from loss or destruction; and
➲ More easily accepted as evidence that your Attorney now revoked from dealing with your legal + financial affairs.
For more information please read our detailed FAQ: How to register my Revocation in NSW?
The legislation governing the creation, cancellation, revocation and review of Enduring +/or General Powers of Attorney (POA) in New South Wales is:
➲ The Powers of Attorney Act 2003 (NSW); and
➲ The Powers of Attorney Regulation 2016 (NSW).
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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.
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.
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 Guardians + Advance 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.
➲ 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.
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 NSW 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.
A: A NSW Power of Attorney (POA) must be registered for:
✅ Land transactions, except for a lease with a term less than 3 years including any option of renewal;
✅ 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).
To register a NSW Power of Attorney (POA), you must:
1️⃣ Lodge the NSW Power of Attorney (POA) at NSW Land Registry Services, Level 30, 175 Liverpool Street, Sydney 2000; together with a
2️⃣ Completed Deeds Index Particulars Form
An Enduring Power of Attorney (EPOA) made under the legislation of another State or Territory of Australia may be accepted for registration in NSW providing:
It is accompanied by a certificate from a Legal Practitioner (that is, a Lawyer) from that State or Territory stating:
➲ The Enduring Power of Attorney (EPOA) was made in accordance with the formal requirements of the law of that State or Territory; and
➲ The Lawyer has been admitted, holds a practising certificate and practices in that State or Territory.
An Enduring Power of Attorney (EPOA) written in a foreign language must be accompanied by a translation and be verified by the interpreter.
If the Power of Attorney (POA) is registered in NSW, although you are not legally required to do so, in an abundance of caution, we recommend you take the steps summarised below to register the revocation.
If you wish to register your revocation in NSW, 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.
Registration of a Power of Attorney [after 16.2.2004]
Revocation of a Power of Attorney
(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.
Registrar-General Guidelines for a Deeds Index Particulars Form
...
(2) Where a plan referred to in subsection (3), or a dealing, caveat or priority notice, presented for lodgment purports to have been executed under a power of attorney, the Registrar-General may refuse--
(a) to accept it for lodgment, or
(b) to make any recording or entry in the Register or take any other action in respect of it,
unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003.
51 Powers of attorney may be registered (cf 1919 No 6, s 163 (1) and (3))
(1) Any instrument executed before or after the commencement of this Act that creates a power of attorney may be registered by the Registrar-General in the General Register of Deeds kept under the Conveyancing Act 1919.
(2) An instrument revoking a registered power of attorney may also be registered by the Registrar-General in that Register.
52 Powers of attorney to be registered for dealings affecting land (cf 1919 No 6, s 163 (2) and (4))
(1) A conveyance or other deed affecting land executed on or after 1 July 1920 under a power of attorney has no effect unless the instrument creating the power has been registered.
Note : 1 July 1920 is the day on which the Conveyancing Act 1919 commenced.
(2) If the instrument is registered after the time when the conveyance or other deed was executed, the conveyance or other deed has effect as if the instrument had been registered before that time.
(3) In this section,"deed" includes any memorandum, dealing or other instrument affecting land that is deemed by an Act to have effect as a deed.
(4) This section does not apply to a lease for a term of 3 years or less.
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.
