How to Revoke Power of Attorney in New Brunswick

You Can Revoke at Any Time — With One Condition

A grantor who has mental capacity can revoke an enduring power of attorney at any time, for any reason. There is no waiting period, no filing fee, and no court approval required. The only absolute requirement is that the grantor must still have the cognitive capacity to understand what they are doing. An incapacitated grantor cannot revoke their own EPA — at that point, the document can only be challenged through a court application.

How to Execute a Revocation

The revocation process in New Brunswick is straightforward but must be done carefully to be effective:

Step 1: Create a Written Revocation

Draft a document that clearly states:

• The grantor's full legal name
• A specific statement that the grantor revokes the enduring power of attorney dated [execution date]
• The name of the attorney whose authority is being revoked
• The date of the revocation
• The grantor's signature

The revocation should be specific enough that there is no ambiguity about which EPA is being cancelled. If the grantor has executed multiple EPAs over the years, reference the one being revoked by date and type (property, personal care, or combined).

While the Enduring Powers of Attorney Act does not explicitly require a lawyer for revocation, having the revocation witnessed — ideally by a lawyer or notary public — adds weight if the revocation is later challenged. A lawyer witness is especially valuable if there's any concern about the grantor's capacity being questioned ("was Mom really competent when she signed the revocation?").

Step 2: Notify the Attorney

The Act's written revocation method should be followed by prompt notice to the attorney. A person who acts in good faith and with reasonable care without knowing that the authority has ended may be protected under the Act, so deliver the revocation directly and keep proof of delivery.

Deliver a copy of the signed revocation to the attorney directly. If the relationship has deteriorated to the point where face-to-face delivery is impractical, send it by registered mail or courier with delivery confirmation. Keep proof of delivery.

Step 3: Notify All Third Parties

This is the step most people miss, and it's where revocations fail in practice. Every institution and individual that received a copy of the original EPA must be notified that it has been revoked. That includes:

• Banks and financial institutions where the attorney had authority over accounts
• Investment brokers and advisors managing the grantor's portfolio
• The Land Registry if the EPA was registered against any property
• The grantor's physician and medical providers if the EPA included personal care authority
• Any government agencies that received copies (CRA, Service Canada, etc.)

Send each institution a copy of the signed revocation along with a cover letter requesting they update their records. Ask for written confirmation that the change has been processed.

If you skip this notification step, a bank might continue to honour the old EPA because they have no reason to believe it's been revoked. The former attorney could access accounts, and the bank may be protected under the Act if it acted in good faith and with reasonable care.

Common Reasons for Revocation

Loss of trust. The most common trigger. The grantor discovers or suspects that the attorney is mismanaging funds, making unauthorized transactions, or failing to maintain the required financial records under Regulation 2020-43.

Change in family relationships. A divorce, family falling-out, or geographic separation can make the original attorney choice impractical. An adult child who moved to Vancouver may not be the best choice to manage a parent's affairs in Moncton.

Replacing with a better arrangement. The grantor may want to appoint a different attorney — perhaps a second child who is more financially responsible, or a professional trustee. You can revoke the old EPA and execute a new one at the same lawyer appointment.

The attorney becomes ineligible. If a property attorney is declared bankrupt or a personal care attorney begins providing paid health services to the grantor (outside the family exception), the appointment should be revoked and replaced.

What Happens If You Just Create a New EPA Without Revoking the Old One?

Creating a new EPA can create an inconsistency with a prior one. Under the Act, the most recent inconsistent provision prevails, but an express revocation clause and prompt notice to institutions avoid confusion about which attorney has authority.

Best practice: execute the revocation of the old EPA and the creation of the new EPA at the same lawyer appointment. The lawyer can include a revocation clause in the new document and handle notification to institutions as part of the engagement.

Revocation After the Grantor Loses Capacity

Once the grantor lacks mental capacity, they can no longer revoke their own EPA. If family members believe the attorney is acting improperly, the recourse is a court application to Court of King's Bench under the Enduring Powers of Attorney Act. Interested parties can ask the court to terminate the attorney's authority or substitute another person. This is a more complex and expensive process, and legal representation may be necessary.

The New Brunswick Power of Attorney Kit includes revocation templates and a third-party notification checklist — so every institution that received the original EPA gets properly notified when it's cancelled.

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