How to Revoke a Power of Attorney in Nunavut

If you've signed a power of attorney in Nunavut and your circumstances have changed — new attorney needed, trust issues, or simply a change of mind — you have the right to cancel it. But revocation has strict requirements, and a poorly executed revocation can be worse than none at all.

The Core Requirement: You Must Still Have Capacity

Revoking a power of attorney requires the same mental capacity as signing one. If you've already lost the ability to understand the nature and consequences of the revocation, you cannot legally revoke the document.

This creates a difficult situation when a family suspects an attorney is misusing their authority over an incapacitated donor. In that case, revocation isn't possible — the remedy is a court application to remove the attorney, which goes through the Nunavut Court of Justice.

Step-by-Step Revocation Process

1. Complete Form D (Revocation). The Powers of Attorney Regulations prescribe Form D as the official revocation document. Fill it out completely — any ambiguity about which power of attorney you're revoking can cause confusion down the line.

2. Sign Form D in the presence of an eligible witness. The same witnessing rules apply as for the original power of attorney. Your witness cannot be the named attorney, the alternate attorney, or the spouse of either. They must be physically present and must sign the certification section.

3. Deliver the revocation to your attorney. This is mandatory. Your attorney must receive a physical copy of the executed Form D. Without proof of delivery, they could argue they continued acting in good faith because they were unaware of the revocation.

4. Notify every institution where the POA was registered. Send copies of Form D to every bank, credit union, investment firm, Land Titles Office, utility company, and government agency where the power of attorney was previously submitted or registered. Until they receive the revocation notice, these institutions may continue accepting instructions from your former attorney.

5. If registered with the Land Titles Office, file the revocation there too. If your power of attorney was registered against real property through POLAR, the revocation must be registered through the same system. Without this step, your former attorney could theoretically execute a real estate transaction on your behalf even after you've revoked their general authority.

Common Revocation Mistakes

Not notifying everyone. Revoking the document and telling your former attorney isn't enough. If your bank still has the original POA on file and doesn't know it's been revoked, they may continue honouring your former attorney's instructions.

Verbal revocation. Telling your attorney "you're fired" doesn't legally revoke the power of attorney. The formal written process through Form D is required.

Destroying the original. Tearing up the original document doesn't revoke it if copies exist. Always use Form D to create a clear paper trail.

Trying to revoke after losing capacity. If cognitive decline has progressed to the point where you don't understand what revocation means, the revocation isn't valid. Family members who believe an attorney is acting improperly need to pursue the court removal route instead.

What Happens After Revocation

Once the revocation is effective, you have no power of attorney in place. If you still need someone to manage your finances — just a different person — you should execute a new Form A or Form B immediately after revoking the old one. Don't leave a gap.

If you're navigating a revocation and need to set up new documents, the Nunavut Power of Attorney Kit includes Form D guidance alongside the full setup process for replacement documents.

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