Enduring Powers Of Attorney - The process of revocation
We consider it is essential for older clients to have Enduring Powers of Attorney for both Property and Personal Care and Welfare. If your health deteriorates it ensures that you have determined who will be in charge of your affairs and, very importantly, the Enduring Powers of Attorney can be promptly activated at that time.
The process of revocation
Once you have Enduring Powers of Attorney these can be changed at any time whilst you retain mental capacity. This needs to be done by way of a formal Notice of Revocation given to the appointed Attorney (and Successor Attorneys).
The process is not complicated, but it is important that you do it through us to ensure that revocation is done correctly, and that no adverse issues arise.
Sadly, often the reasoning behind a proposed revocation is that the Donor (the person who has given the Power to the Attorney) has deteriorating health, often the onset of dementia, and does not realise and/or accept this. There can be a falling out with the Attorney/s whom, when the Donor has been in full health, believes they are the right people to make decisions for them once their health has failed.
For those reasons, it is essential the decision to revoke is not lightly made and that the situation is first fully canvassed us. In such situations it will usually require our obtaining a Medical Certificate to say that the Donor is still mentally capable to make a decision to revoke the Enduring Power of Attorney, and is able to rationalise why they are taking that course of action.
This is very important especially if the revocation is later challenged by the Attorney or members of the Donor’s family in the Family Court. The Court will consider, very carefully, available medical evidence when making decisions about the mental capacity of the Donor of Enduring Powers of Attorney, both at the time of the matter coming before the Court and at the time the Enduring Power of Attorney was entered into.
Consideration of revocation of Enduring Powers of Attorney may also be appropriate if the Attorney/s do not meet their obligation to be always promoting and protecting the Donor’s best interests, and in meeting any other terms and conditions in the Enduring Powers of Attorney such as consulting and especially keeping very full financial records
Family tensions also can often create situations where it may be appropriate to revoke the existing Enduring Powers of Attorney.
You can revoke your Enduring Powers of Attorney at any time whilst you have mental capacity to do so. This revocation must be given to the Attorney/s in writing. We also recommend that you provide a copy of the revocation to your Bank for property matters, and your Doctor for care and welfare matters.