A continuing power of attorney is prepared for years ahead, but life changes: family relationships, health, moving house or abroad. It is good to know that a continuing power of attorney can be revoked, and in some cases updated.
Revocation by the grantor
The grantor may revoke the power of attorney at any time, before it comes into force and also afterwards, by notice. The revocation takes effect when the notice is delivered to the attorney, and notice must also be given to the Administrator General, through the government personal area or in person at the district office according to place of residence.
An important exception: the grantor can state in advance that if he seeks to revoke it after it has come into force, revocation will require court approval. Such a clause is meant to protect the person from revocation in a moment of confusion or under the influence of others.
What can be changed after deposit?
- Adding advance directives: possible, through the lawyer who prepared the original document.
- Replacing or adding an attorney: not possible by amendment. A new power of attorney must be prepared and deposited.
- Several powers of attorney on the same matter: the last one deposited prevails. It is still advisable to explicitly revoke the earlier one to avoid confusion.
When can the court cancel a power of attorney?
- When the attorney is not performing his role properly, harming the grantor or acting against his wishes.
- When the power of attorney was given as a result of fraud, exploitation, pressure or undue influence, or when the grantor was not competent at signing.
- When the court is persuaded that a guardian is needed instead.
Such an application can be filed by, among others, relatives, close friends or the Attorney General. On the differences between the two, see continuing power of attorney or guardianship.
What if the attorney wants to step down?
An attorney may resign by written notice to the grantor, or to a relative if the grantor no longer understands, and present proof to the Administrator General. This is exactly where a substitute attorney comes in. See how to choose an attorney and a substitute.
Where do you go from here?
Every person and every family is different, so a good continuing power of attorney is built around the assets, the family relationships and the wishes of the person granting it. At Paz Israel & Co. Law Office we draft continuing powers of attorney and advance directives, and we also support families when the document comes into force. For more information see our continuing power of attorney page, or contact us to schedule a meeting.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.