How to Revoke a Power of Attorney in Newfoundland

The Capacity Rule That Controls Everything

Before anything else: you can only revoke or amend a power of attorney in Newfoundland and Labrador while you still have mental capacity. Once you have lost the ability to understand and appreciate the nature and consequences of the revocation, the document stands — no family member, friend, or even the attorney themselves can revoke it on your behalf.

This means the window for changing your mind is finite. If you have concerns about your current attorney's conduct or want to name a different person, acting while you are still clearly competent is essential.

Revoking an Enduring Power of Attorney

The Enduring Powers of Attorney Act (RSNL 1990, c. E-11) requires the donor to follow specific steps:

1. Draft a written Notice of Revocation. The document must clearly state that you are revoking the specific EPA, identifying it by date and the name of the attorney. A simple statement like "I hereby revoke the Enduring Power of Attorney dated [date] appointing [attorney name]" is sufficient, but it must be unambiguous.

2. Sign the notice in the presence of one independent witness. The witnessing requirements mirror those of the original EPA — the witness cannot be the former attorney or their spouse/partner.

3. Deliver a certified copy to everyone who needs to know:

• The former attorney (so they know their authority has ended)
• The donor's banks and financial institutions (so they stop accepting the former attorney's instructions)
• Investment advisors, insurance companies, and any other institution that has a copy of the original EPA
• The Registry of Deeds in St. John's, if the original EPA was registered for property transactions

Delivery is the step families most often skip or delay. Until the bank receives formal notice of revocation, it may continue to rely on the original document. Prompt delivery is therefore critical.

Revoking an Advance Health Care Directive

The AHCD revocation process is slightly different under the Advance Health Care Directives Act (1995):

Option 1: Execute a new directive. The simplest approach is to create a new AHCD that explicitly revokes all prior versions. The new directive must be signed with two independent witnesses (following the same rules as the original) and the new SDM must sign the written acceptance.

Option 2: Written revocation. Draft a separate revocation document, signed and dated in the presence of two independent witnesses. This cancels the old directive without replacing it — leaving you without an AHCD until you create a new one.

Option 3: Physical destruction. In an emergency, the maker can revoke an AHCD by physically destroying the document — tearing it up, burning it — with the clear intention of cancelling it. This is a last resort, not a recommended approach, because proving intent can be difficult if copies exist or if someone later questions whether the destruction was deliberate.

After revoking an AHCD, deliver the updated document or revocation notice to:

• The former SDM
• Your primary care physician
• Any hospital or care facility that has a copy on file
• Your family members who knew about the original directive

Changing Your Attorney vs. Revoking Entirely

If you want to name a new attorney rather than simply cancelling the old arrangement, the process is:

1. Execute a new EPA naming the new attorney (following all the standard creation and witnessing steps)
2. Include a clause in the new EPA explicitly revoking all prior powers of attorney
3. Deliver the revocation notification to the former attorney and all institutions
4. Deliver copies of the new EPA to the new attorney and all institutions

Do both steps — revocation and creation — before delivering the paperwork. If you revoke the old EPA before the new one is signed, there is a gap during which no one has financial authority on your behalf.

What Happens If the Attorney Keeps Acting After Revocation

Once an EPA has been properly revoked, any action the former attorney takes is unauthorized and potentially fraudulent. The former attorney may face personal liability for any financial damage caused by their continued use of the revoked document.

However, third parties (banks, investment firms) may continue to rely on the revoked EPA until they receive notice of the revocation. This is why prompt delivery of revocation notices to every institution is critical — it puts institutions on notice to stop accepting the former attorney's instructions.

If a former attorney refuses to stop acting or has already caused financial harm, the donor (or their family) can seek legal advice about available court remedies for an accounting of transactions and any losses.

The Newfoundland and Labrador Power of Attorney Kit includes a revocation notification tracker to ensure every institution and individual is properly notified when an EPA or AHCD is cancelled or replaced.

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