Revoking Power Of Attorney In BC
There are many reasons to revoke power of attorney. It can be a case of a change in relationship or a lack of trust that could lead to this decision. Or you might feel that the person you assigned responsibilities to has limited availability.
In other scenarios, the person you chose to act on your behalf might be ill or unable to assist you further.
Your agent might also decide to end the working relationship due to other commitments, which means you will need to revoke power of attorney.
Whichever reason applies to your situation, it is important that you follow the right steps to avoid any issues in future.
What Is a Power Of Attorney?
Power of Attorney (sometimes abbreviated as POA), is a lawful agreement which gives an elected individual the power to act on behalf of another person.
The chosen agent needn’t be a legal professional, but it is an option. British Columbia’s Power of Attorney Act stipulates that you can request any of the following parties to become an agent, over and above a professional such as a lawyer or accountant:
An individual, such as your spouse, someone from your family or a person that you trust.
A trust company.
An official financial organization.
You are allowed to have more than one attorney, but there are some limitations to remember:
· You cannot choose someone who you pay for personal care or health services.
· A person who works for a care facility where you reside may also not be chosen, unless they are also your spouse, parent, child, or another relative.
· An individual younger than 19 may be named as your attorney, but they cannot represent you until they are an adult (age 19 or older).
Examples of POA documentation can be found in this link.
How To Revoke POA In BC
Revoking, or canceling, a power of attorney can be done anytime you feel you do not want to continue working with a specific agent, feel they are not capable of managing your affairs, or if they themselves want to opt out of being your agent.
The following steps outline the process of revoking power of attorney in BC:
1. Put in writing your decision to cancel a POA
This document, called a notice of revocation, needs to be completed while you are still of sound mind. Ensure that your signed, dated document is completed in the presence of witnesses (such as a lawyer) and that they include your name, those of your agents, when the original POA came into effect and your statement of cancelling the POA.
Your witnesses will also need to sign an Affidavit of Attestation.
2. Present signed, dated copies to all agents involved in your decision
Also, if any organization has been working with your agent on your behalf, provide copies of your cancellation of POA to them as well.
3. Keep your POA cancellation document on file
This is for your own records, as well as to ensure you have the information if anyone requests it from you.
Your revocation of authority is effective as soon as it is provided to all parties involved. Alternatively, you can set a date for when the revocation will happen.
4. Choose a new agent
If you will still need an agent to act on your behalf, decide who this designated person will be and approach them as soon as possible. This will ensure that you still can rely on someone to act on your behalf immediately, or in future, depending on your personal needs.
If, at any time, an agent would challenge you regarding revoking a POA, it is important to seek out legal help. This is especially important when an agent refuses to cease their role of having POA over any of your personal dealings.
How to Revoke Durable Power of Attorney
If your durable POA has not been registered via the Register of Deeds, you need to do one of the following:
1. Sign and notarize a revocation document.
2. Destroy the POA document, preferably in the presence of witnesses, and while you are of sound mind.
3. Cancel the POA according to what was stipulated in the original POA document.
4. Inform your agent that the POA has been revoked by delivering the revocation in person, via mail or certified mail.
How to Revoke Registered Power of Attorney
If your POA was filed with the Register of Deeds, you are required to do the following:
1. Complete and sign a written revocation in the presence of a notary.
2. Register your revocation document where you initially registered your original POA. This can only be done if you are still of sound mind.
3. Your attorney-in-fact must be notified that you have canceled the POA.
4. Work with a lawyer to ensure that your revocation process is above board and according to the rules set out for this process.
Do You Need A Lawyer To Revoke Power Of Attorney?
You do not need to work with a lawyer to revoke power of attorney. However, in cases where POA might be challenged or need to be handled through legal challenges, it can be worthwhile to work with a legal professional.
Power Of Attorney Revocation Form
A revocation of power attorney doesn’t need to be a lengthy document, but it is important that all key information is included.
Have a look at this easy-to-use template that you can use as a guide.
What Is Power Of Attorney Used For?
Power of attorney gives an agent permission to act on behalf of the principal. They are authorized to make decisions on their principal’s behalf, and conduct several tasks, which could include financial, legal, and health-related tasks.
An agent can be a valuable resource when a principal suffers from a passing or permanent illness. This is because an agent can lawfully sign legal documents when a principal is unable to do so.
Looking at British Columbia specifically, there are two powers of attorney that are tasked with finances and properties. These are general power of attorney and enduring power of attorney.
An important consideration to keep in mind is that an agent can represent a principal as long as they have sound mental capacity. However, if the principal can no longer make decisions, pass away or become bankrupt, the agreement between them and the agent would come to an end. If an agent has enduring power of attorney, the relationship can still go ahead despite a principal not being mentally competent.
Types of Power of Attorneys
Limited Power Of Attorney
Sometimes also called specific or special power of Attorney, limited power of attorney means an agent is authorized by a principal to only act on certain matters.
This POA is often used when a principal is traveling and needs representation, or when they cannot travel themselves to oversee the buying or selling of property.
Enduring Power Of Attorney
When you choose enduring power of attorney, your agent can act on your behalf even if you become mentally incapable. Your agent will be able to perform tasks such as paying bills, overseeing your investments or property and any other processes that you have agreed upon.
Non-Enduring Power Of Attorney
General non-enduring power of attorney is put in place when a principal only needs an agent for a limited time, such as when they will be traveling for business and need someone to act on their behalf.
This POA cannot be chosen for handling personal affairs, and it doesn’t last for an indefinite period.
Springing Power Of Attorney
A springing POA is a legal agreement that, rather than being in effect immediately, "springs" into action when you are found to be unable to make decisions for yourself, are incompetent, or incapable of providing for your basic requirements.
A consideration here is that sometimes a medical or healthcare practitioner will need to confirm incapacity before this POA can be activated.
General Power Of Attorney
The choice for general power of attorney appointments needs to be made while a principal is still of sound mind. If a principal passes away or becomes incapacitated and cannot make their own decisions, this agreement will also come to an end.
Medical Power Of Attorney
A representation agreement, or POA for healthcare, stipulates who your designated agents will be in terms of making medical decisions on your behalf.
A Section 7 representation agreement will provide general, but not full powers, while a Section 9 representation allows for full powers. The latter would usually be allocated to a legal professional.
Power Of Attorney For Child
When parents are unable to care for their children for an extended period, such as six months to a year, they may choose a POA for a Child, which is a temporary delegation of parental responsibility.
Some scenarios where this POA could be considered is when parents are in the military, are receiving long-term medical treatment or if they need someone to look after their children’s interests for a longer time.
FAQ
Why do people revoke power of attorney?
Any change in a working relationship with an agent, or a change in life circumstances where an agent is no longer able to act on someone’s behalf are common reasons for revoking power of attorney.
Do I need to give a reason for revoking power of attorney in BC?
No, you are not required to give a reason.
Can I cancel my POA after I have signed it?
Yes, provided you are of sound mind. Ensure that you sign your revocation in person in front of witnesses and provide copies to all relevant parties. Do not use the same witnesses that you did for the original signing of your POA designation.
Do I need witnesses when signing my revocation document?
It is best to have witnesses, as they will be able to attest to the authenticity of your document.
Do I need to work with a lawyer for a revocation document?
It is not a set requirement. However, if there are some legal considerations to take into account for your revocation, or if you need assistance with filing with the Register of Deeds, working with a legal professional can help facilitate the process.
Summary
Power of Attorney, sometimes shortened to POA, is a legal document that authorizes an elected agent to act on behalf of a principal.
Revoking POA can be done at any time.
Reasons why POA could be revoked include a change in working relationship or an agent not being able to manage your affairs.
If you still need someone to manage your affairs after revoking POA, ensure that you contact your new chosen agent as soon as possible.
Sources
https://www2.gov.bc.ca/assets/gov/people/seniors/financial-legal-matters/pdf/powersofattorney_bc_web_final.pdf
