How to Revoke Power of Attorney in WA

You Can Revoke an EPA at Any Time — If You Have Capacity

An Enduring Power of Attorney in Western Australia stays active until one of three things happens: the donor revokes it, the donor dies, or a court orders its termination. There's no automatic expiry.

As long as the donor still has full legal capacity, they can cancel the EPA whenever they choose. The reasons don't matter — changed relationship, loss of trust, wanting to appoint someone else.

If the donor has already lost capacity, they can't revoke the EPA themselves. In that case, an interested party (typically a family member) can apply to the State Administrative Tribunal to review or revoke the attorney's appointment.

The Revocation Process

Step 1: Draft a written Notice of Revocation. This must be a formal written document — a verbal statement isn't enough. The notice should include:

• The donor's full legal name
• The date the original EPA was signed
• The names of the attorneys and substitutes being removed
• A clear statement that the EPA is revoked effective immediately

Step 2: Sign the notice in front of two witnesses. The same witnessing rules apply as for the original EPA: two independent witnesses aged 18 or over, at least one of whom is an authorised witness under the Oaths, Affidavits and Statutory Declarations Act 2005 (a practising lawyer, doctor, police officer, or JP).

Step 3: Serve the notice on all appointed attorneys and substitutes. Deliver a copy of the signed Notice of Revocation to every person named in the EPA. Request the immediate return of all physical copies and certified copies of the original document for destruction.

Step 4: Notify third parties. Send a certified copy of the Notice of Revocation to every institution that holds a copy of the original EPA:

• The donor's bank(s)
• The donor's GP and hospital
• Aged-care providers
• Any solicitor holding the original

Notify these institutions promptly so they can update their records and stop relying on the revoked authority.

De-Registering at Landgate

If the original EPA was registered with Landgate, you must also lodge a formal Revocation of Power of Attorney with Landgate to remove it from the land titles register. The fee is $225.10 — the same as the original registration.

Without this step, the EPA remains on Landgate's register. Even though it's legally revoked, a rogue attorney could theoretically attempt a property transaction before Landgate processes the de-registration. Lodging the revocation promptly closes that window.

Revoking and Replacing

If you're revoking one EPA to appoint a different attorney, the safest sequence is:

1. Execute the new EPA first (with the new attorney signing the Acceptance of Appointment)
2. Revoke the old EPA
3. Register the new EPA with Landgate (if property is involved)
4. De-register the old EPA at Landgate

This avoids any gap period where no valid EPA exists. If the donor were to lose capacity between revoking the old EPA and setting up the new one, the family would need to go through the SAT application process.

When Revocation Gets Complicated

The attorney won't return the documents. If the attorney refuses to return physical copies of the EPA after receiving the Notice of Revocation, focus on notifying all third parties (banks, Landgate, care providers) directly. Their continued use of the EPA after receiving notice of revocation constitutes acting without authority.

Family disputes over the revocation. If the attorney or other family members believe the donor is being pressured into revoking, they can apply to the SAT for a review. The tribunal can investigate whether the donor has capacity to revoke and whether undue influence is involved.

The donor may lack capacity. If there's any doubt about the donor's current capacity, obtain a dated medical assessment before executing the revocation. A revocation signed without capacity is as invalid as an EPA signed without capacity.

For a structured walkthrough of the full revocation and notification process, including template notification letters for banks and Landgate, the Western Australia Power of Attorney Kit covers revocation alongside every other stage of the EPA lifecycle.

See more Western Australia guides →