How to Revoke a Power of Attorney in Quebec

Revoking a Procuration (Power of Attorney)

A capable mandator can revoke a procuration at any time. The process is straightforward, but the notifications matter — a revocation that only exists on paper without reaching the people who rely on the document is functionally incomplete.

Step 1: Draft a written notice of revocation. State clearly that you are revoking the procuration dated [date], granted to [mandatary name], for [scope of authority]. Include your full legal name, address, and the date of the revocation. Sign it.

Step 2: Deliver the notice to the mandatary. The former mandatary must be informed directly. Hand-deliver a copy and have them acknowledge receipt, or send it by registered mail so you have proof of delivery. Under the Civil Code, the mandatary is legally required to return all copies of the procuration immediately upon receiving the revocation notice.

Step 3: Notify all institutions. Every bank, government agency, and organization that received a copy of the procuration must be notified that it's been revoked. If you gave Desjardins a copy of the procuration, send them the revocation notice. Same for RBC, Revenu Québec, SAAQ, and any other institution. Until they receive the notice, they may continue to accept the mandatary's transactions in good faith.

Step 4: If the procuration was notarized, contact the notary who prepared it. The notary can record the revocation in their files and update the CNQ registry, which prevents the former mandatary from using certified copies in the future.

If the procuration was registered with the Barreau du Québec (for witnessed forms), you can request an update to the registry as well — though the Barreau registry only records the existence of documents, not their current status, so direct notification to institutions is still essential.

Revoking a Protection Mandate

Revoking a protection mandate works differently depending on whether it's been homologated yet.

Before Homologation (Mandate Is Still Dormant)

If the mandator is still mentally capable and the protection mandate hasn't been activated, revocation is simple. The mandator can:

Draft a new protection mandate. A new mandate that includes a standard revocation clause ("I hereby revoke all previous protection mandates") automatically supersedes all prior versions. This is the cleanest approach because it replaces the old document rather than just canceling it.

Execute a formal act of revocation. If you don't want to draft a new mandate, a notary can prepare an Act of Revocation. This is a standalone notarial document that explicitly cancels the existing mandate. If the original was prepared by a different notary, expect a fee of approximately $325 for the revocation.

Destroy the original. For a witnessed protection mandate, physically destroying the only signed original effectively revokes it — though this leaves no paper trail and can create confusion if copies exist. Not recommended as the sole method of revocation.

In all cases, inform the named mandatary and substitute mandataries that the mandate has been revoked. If the mandate was registered with the CNQ or Barreau, ensure the registry is updated.

After Homologation (Mandate Is Active)

Once a protection mandate has been homologated, the mandator is legally incapacitated. By definition, they lack the mental capacity to revoke their own mandate. Revocation in this situation requires one of two paths:

Recovery of capacity. If the mandator recovers — after stroke rehabilitation, treatment for a reversible condition, or other medical improvement — they or any interested person can apply to the court to revoke the homologation judgment. A new medical assessment confirming recovery is required. If the court agrees, the mandate returns to dormant status and the mandator regains full authority over their affairs.

Court intervention. If the mandatary is failing in their duties — mismanaging assets, neglecting care, or acting against the mandator's interests — any interested person (a family member, the Curateur public, or a healthcare provider) can apply to the court to revoke or modify the homologation. The court can replace the mandatary, add conditions to the mandate, or revoke it entirely and institute tutorship instead.

Changing the Mandatary

If the issue isn't the mandate itself but the person named in it, the approach depends on timing.

Before homologation: The mandator simply drafts a new protection mandate naming a different mandatary. The new mandate revokes the old one. No court process is needed.

After homologation: Changing the mandatary requires a court application. An interested person files a motion with the Superior Court requesting that the mandatary be replaced. The court evaluates whether the current mandatary is performing their duties adequately. Grounds for replacement include financial mismanagement, failure to render accounts, neglect of the mandator's personal care, or a conflict of interest.

If the protection mandate names a substitute mandatary and the primary mandatary can no longer serve (due to death, incapacity, or resignation), the substitute takes over automatically — though the Curateur public must be notified.

Revoking Advance Medical Directives

If you also have Advance Medical Directives (DMA) registered with RAMQ, the revocation process is separate. You must complete and sign the official Revocation of Advance Medical Directives form from RAMQ. If the DMA was registered through RAMQ's online portal, the revocation can be submitted online. If the DMA was filed only in your medical record at a hospital, the signed revocation form must be delivered to your physician or the hospital administration directly.

Revoking a protection mandate does not automatically revoke your DMA. They're independent documents with independent revocation procedures.

Timing and Documentation

Keep records of every revocation step: copies of the revocation notice, proof of delivery to the mandatary and institutions, confirmation from the notary, and registry update receipts. If a dispute arises later — a former mandatary claims they were never informed, or a bank processes a transaction after the revocation — your documentation is your proof.

Our Quebec Power of Attorney Kit includes revocation guidance for both procurations and protection mandates, with notification checklists for every institution that typically needs to be informed.

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