Revoke Power of Attorney South Australia

Who Can Revoke a Power of Attorney

The donor — the person who granted the power — can revoke an Enduring Power of Attorney while they still have decision-making capacity. If the donor has lost capacity, the ordinary Form RP route is not available to them; the family should obtain advice about a SACAT administration or guardianship application and any other court or tribunal remedy that may be available.

The attorney (donee) can renounce their appointment, but if the donor has lost capacity the route depends on how the EPA appoints attorneys and may require notice or a formal application. Renunciation isn't the same as revocation, and it does not automatically cancel the EPA itself.

The Revocation Process Step by Step

1. Complete the Revocation Form (Form RP)

The official Revocation of Power of Attorney form — Form RP — is available from Land Services SA. Like Form P2, it must be completed in blue or black ink with no abbreviations. The form identifies which power of attorney is being revoked and must be signed by the donor.

2. Have the Form Witnessed

Your signature on Form RP must be witnessed by an authorised person — a Justice of the Peace, a legal practitioner, or a proclaimed police officer. The same witnessing rules that apply to creating the EPA apply to revoking it.

3. Notify Your Former Attorney in Writing

This step is critical and often overlooked. Under the Powers of Attorney and Agency Act 1984, if you don't notify your former attorney in writing that the power has been revoked, any transactions they make with third parties in good faith remain legally binding on you. The notification requirement exists to prevent the former attorney from continuing to act without knowing the power has been cancelled.

Send the notification by registered post or hand-deliver it with a signed receipt. Keep a copy of the notification and proof of delivery. If you have multiple attorneys, each one needs separate written notice.

4. Notify Third Parties

Contact every institution where your attorney has been acting on your behalf: banks, investment firms, utility companies, real estate agents, the ATO. Provide them with a copy of the signed revocation. Until these institutions know the EPA has been revoked, they may continue to accept instructions from your former attorney — and those transactions will be valid.

5. Lodge the Revocation with Land Services SA

If the original EPA was registered (deposited) with Land Services SA, you must lodge Form RP with the registry to officially deregister it. The current lodgement fee is $204. Until the revocation is lodged, the original EPA remains on the Land Services SA record and can be relied on by anyone who searches the register.

If the EPA was never registered with Land Services SA, you don't need to lodge the revocation there. But completing steps 1 through 4 is still mandatory.

Partial Revocation

If you need to remove one of several attorneys, do not assume that the standard Form RP will preserve the rest of the arrangement. The correct step depends on the EPA's terms and the donor's capacity, so obtain legal advice before acting.

When an EPA Ends or an Attorney Can No Longer Act

An EPA ends automatically when the donor dies. If an attorney can no longer act, the effect depends on the EPA's terms and appointment structure:

• Death of the donor — all powers of attorney cease at death; the executor named in the will takes over estate administration
• Attorney no longer able to act — if an attorney dies, loses capacity, or resigns, the effect depends on whether other attorneys were appointed jointly or severally; review the EPA and obtain advice.

The SACAT Route: When the Donor Can't Revoke

If the donor has already lost capacity and the family believes the attorney is acting improperly — misusing funds, making decisions against the donor's interests, or failing to keep proper records — obtain advice about a SACAT administration or guardianship application and any court remedy concerning the EPA. SACAT may appoint an administrator or guardian, including the Public Trustee where appropriate; the Supreme Court can make orders revoking or varying an EPA.

SACAT applications are free for matters under protective jurisdiction (no filing fee). The standard processing time is 4 to 6 weeks, though urgent applications can be heard within 24 to 48 hours if there's an immediate risk to the donor's health, safety, or financial security.

Will beneficiaries also have a specific statutory right under section 11A of the Powers of Attorney and Agency Act 1984: within 6 months of probate or letters of administration being granted, they can seek compensation from an attorney who misused their position during the donor's lifetime.

Common Mistakes When Revoking

Revoking verbally. Telling your attorney "you're no longer my attorney" has no legal effect. The revocation must be in writing, signed, and witnessed.

Forgetting to notify the bank. Until the bank receives written notice of the revocation, your former attorney can still access your accounts. Any transactions they make in good faith before receiving notice are legally valid.

Not lodging with Land Services SA. If the original EPA was registered, failing to lodge the revocation leaves the old record in place. A third party searching the register will see a valid, registered EPA and may rely on it.

The South Australia Power of Attorney Kit includes the revocation checklist with notification templates and a step-by-step walkthrough of the deregistration process at Land Services SA.

See more South Australia guides →