How to Revoke an Enduring Power of Attorney in the ACT

When You Need to Revoke

An Enduring Power of Attorney is not permanent just because it is called "enduring." The principal — the person who granted the power — can revoke it at any time, provided they still have decision-making capacity. Common reasons include:

• The relationship with the appointed attorney has broken down (divorce, estrangement, loss of trust)
• The attorney has moved interstate or overseas and is no longer practically available
• The attorney has become incapable of acting through their own illness
• You want to appoint someone different
• You no longer want anyone holding power of attorney over your affairs

The critical requirement is capacity. If you have already lost decision-making capacity, you cannot revoke the EPoA yourself. Only ACAT can revoke an EPoA on behalf of a person who lacks capacity — typically after an application from a family member, the Public Advocate, or the PTG.

The Revocation Process

Revoking an EPoA in the ACT is not as simple as telling your attorney verbally that you are cancelling their appointment. The revocation must be:

1. In writing. You need a formal revocation instrument — a signed document that clearly states you are revoking the EPoA.

2. Witnessed. The revocation must be signed in the presence of two adult witnesses, following the same witnessing rules as the original EPoA. Witness 1 must be a person authorised to witness statutory declarations — a solicitor, Justice of the Peace, or court registrar. Both witnesses must be present at the same time and must sign in each other's presence and the principal's presence.

3. Delivered to the attorney. Give the former attorney written notice of the revocation and retrieve any copies they hold.

Deregistering With Access Canberra Land Titles

If the EPoA was registered with Access Canberra Land Titles (required before the attorney could deal with real property), the revocation must also be registered with Land Titles. Without deregistration, the Land Titles Register still shows the EPoA as current, and a former attorney could theoretically use it to complete a property transaction.

Lodge the revocation instrument with Access Canberra Land Titles along with the applicable registration fee. The Land Titles office will update the register to reflect that the EPoA has been revoked.

Notifying the PTG

If the original EPoA was deposited with the Public Trustee and Guardian's safe custody register, notify the PTG of the revocation. If you need the original returned, the regulated withdrawal or retrieval fee is $166.

Automatic Revocation and Other Changes to Review

Some events automatically end or replace an EPoA, while others are reasons to review it:

• Death of the principal. The EPoA ceases to operate immediately on the principal's death. The attorney has no further authority; estate administration passes to the executor or administrator.
• A change in the attorney's ability to act. If an attorney dies, loses capacity, or becomes unable to act, check whether a substitute attorney was named and obtain advice on the EPoA's operation.
• Execution of a new EPoA. A newer EPoA automatically revokes the prior one to the extent of inconsistency. If you execute a new EPoA naming a different attorney for healthcare decisions, the old attorney's healthcare powers are revoked even if you did not sign a separate revocation instrument.
• A change in a relationship. Marriage, divorce, or the end of a civil partnership is a reason to review the EPoA and, while you have capacity, formally replace or revoke it if needed.

Revocation vs. Replacement

In practice, most people who revoke an EPoA do so because they want to appoint someone else. If that is your situation, you can execute a new EPoA on Form AF2017-45 naming the new attorney. The new EPoA automatically supersedes the old one for any overlapping powers.

However, you should still formally revoke the old EPoA and notify the former attorney — relying solely on the automatic supersession creates a risk of confusion, particularly if the former attorney holds a copy and does not know about the replacement.

The Revocation Checklist

After signing the revocation:

• Notify the former attorney in writing and retrieve any copies they hold
• Register the revocation with Access Canberra Land Titles (if the EPoA was registered)
• Notify the PTG (if the EPoA was deposited in safe custody)
• Notify your GP, any specialists, and any aged care facility that holds copies
• Remove or replace the EPoA on MyDHR and My Health Record (if it was noted there)
• If executing a replacement EPoA, ensure the new one is properly witnessed and distributed

The ACT Advance Directive & Living Will Kit includes a document execution tracker that records where each version of your EPoA has been lodged, making it straightforward to work through this notification process without missing anyone.

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