How to Revoke a Power of Attorney in Nova Scotia

You Can Revoke a Power of Attorney — But Only While Capable

A donor can revoke their Enduring Power of Attorney at any time, for any reason, as long as they still have the mental capacity to do so. The capacity threshold for revocation is the same as for creation: the donor must understand what they are doing and appreciate the consequences.

This creates a narrow window that catches families off guard. Once the donor loses mental capacity, they can no longer revoke the EPA themselves. The only way to remove an Attorney's authority after the donor is incapacitated is to apply to the Supreme Court of Nova Scotia under Section 18 of the Powers of Attorney Act — an interested person (relative, partner, or Monitor) can ask the court to review the Attorney's conduct, demand a formal accounting, or revoke the EPA entirely.

Step 1: Put the Revocation in Writing

While verbal revocation may be legally effective, it is nearly impossible to prove. A written Notice of Revocation is the safe approach. The notice should include:

• The donor's full legal name and address
• A clear statement that the EPA dated [specific date] is hereby revoked
• The name of the Attorney whose authority is being terminated
• The date and the donor's signature
• Witness signatures (not legally required for revocation, but strongly recommended for evidentiary purposes)

Keep the original revocation in the same secure location where you stored the original EPA.

Step 2: Notify the Attorney

The former Attorney must be told that their authority has ended. Deliver a copy of the Notice of Revocation to them directly — in person, by registered mail, or through a lawyer. Until the Attorney receives actual notice of the revocation, they may continue to act in good faith under the original EPA, and third parties who deal with them without knowledge of the revocation are generally protected.

This means timing matters. If you revoke the EPA but do not tell the Attorney, and the Attorney continues to manage your bank account or sell your investments, those transactions may still be valid against innocent third parties. Get the notice out immediately.

Step 3: Notify Financial Institutions and the LRO

Send copies of the Notice of Revocation to every institution that has a copy of the original EPA on file:

• Banks and credit unions where the Attorney had access to accounts
• Investment firms managing the donor's portfolio
• Insurance companies where the Attorney was an authorized contact
• The Land Registration Office if the EPA was registered against property parcels (file a revocation instrument using the same Form 26 process)

Each institution will flag the account and refuse further instructions from the former Attorney. If you skip this step, the former Attorney may be able to continue transacting until the institution independently learns of the revocation.

Step 4: Create a Replacement (If Needed)

Revoking an EPA without creating a new one leaves the donor without any financial representative. If the donor is revoking because they want to appoint a different Attorney — switching from one child to another, for example, or adding a Monitor — the replacement EPA should be drafted and executed before or simultaneously with the revocation.

The new EPA must comply with current requirements, including the two-witness rule established by the 2022 amendments. It should explicitly state that all prior Powers of Attorney are revoked to eliminate any ambiguity about which document is current.

When Revocation Is Not Needed

An EPA terminates automatically in several situations without any need for a formal revocation:

• Death of the donor. The EPA becomes void instantly upon the donor's death. Authority shifts to the Executor named in the will.
• Death of the Attorney. If the sole named Attorney dies and no alternate was named, the EPA terminates.

In these cases, a formal revocation is unnecessary, but you should still notify financial institutions so they update their records.

Signs an EPA Should Be Revoked

The most common reasons families seek revocation include:

• Suspected financial mismanagement or abuse by the Attorney
• A breakdown in the relationship between the donor and the Attorney
• The Attorney relocating out of province and becoming unable to manage local affairs effectively
• The original EPA predating the 2022 amendments and lacking Monitor provisions, restricted gifting controls, or the updated capacity standards

If the concern is potential financial abuse and the donor still has capacity, revoke immediately and consider involving the police if funds are missing. If the donor has lost capacity, the route is a court application under Section 18, which any interested person — including the Monitor, a family member, or the Public Trustee — can bring.

The Nova Scotia Power of Attorney Kit includes a Notice of Revocation template, the institutional notification letters, and step-by-step instructions for replacing an outdated EPA with a document that meets the current legislative requirements.

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