Taking Back Control

Appointing someone to make decisions for you is a significant act of trust. Just as you have the right to appoint a decision-maker, you also have the right to change your mind. Life circumstances change—relationships evolve, people move away, or you may simply decide someone else is better suited to the role.

Revoking (cancelling) a Power of Attorney or Enduring Guardianship is your legal right, as long as you have the decision-making capacity to do so. This guide explains the essential steps to formally and effectively end an appointment in New South Wales.

Why You Might Revoke an Appointment

There are many valid reasons for wanting to change your arrangements:

• Your relationship with the appointed person has broken down.

• Your attorney or guardian has moved away and would find it difficult to act for you.

• You have new people in your life whom you would prefer to appoint.

• You have concerns about the person's ability to manage the role.

• You have recently married, which in most cases automatically revokes a previous appointment (unless you married the person you appointed).

The Most Important Requirement: Decision-Making Capacity

To revoke a Power of Attorney or Enduring Guardianship, you must have the legal capacity to understand the decision you are making. This means you need to be able to understand:

• What it means to cancel the appointment.

• The consequences of leaving yourself without a nominated decision-maker.

• Who you might appoint instead.

If your capacity is in question, you may need a medical or legal opinion to confirm you can proceed. If you have already lost capacity, you cannot revoke these documents yourself; a review would need to be initiated by a concerned party through the NSW Civil and Administrative Tribunal (NCAT).

Key Differences: What Are You Revoking?

It's important to know which document you are changing, as they cover different areas of your life.

Power of Attorney

• What it covers: Your financial and legal decisions (e.g., operating bank accounts, paying bills, buying or selling property).

• Who it appoints: An Attorney.

Enduring Guardianship

• What it covers: Your health, lifestyle, and medical decisions (e.g., where you live, what health care you receive).

• Who it appoints: An Enduring Guardian.

You must revoke each document separately using its specific process.

The Steps to Revocation

Making it Official: How to Formally Revoke an Appointment

A simple conversation is not enough to legally end an appointment. You must follow a formal process to ensure the revocation is valid and that everyone involved is notified.

Step 1: Complete the Official Revocation Form

In NSW, you must use a specific legal form to cancel your appointment.

• For a Power of Attorney, you need a "Revocation of a Power of Attorney" form: Revocation Power of Attorney form

• For an Enduring Guardianship, you need a "Revocation of appointment of enduring guardian" form.

  DOWNLOAD TEMPLATE: REVOCATION OF APPOINTMENT OF ENDURING GUARDIAN

These forms are available from legal stationers, solicitors, or NSW Trustee and Guardian. You need to clearly state your name, the name of the person you are revoking, and the date of the original document you are cancelling.

Step 2: Sign the Form with an Eligible Witness

Your signature on the revocation form must be witnessed by an eligible witness. This is a crucial step to ensure you are acting freely and understand the document.

An eligible witness for both documents includes:

• A solicitor or barrister.

• A Registrar of a NSW Local Court.

• An accredited employee of NSW Trustee and Guardian.

The witness must certify that they explained the effect of the revocation to you and were satisfied that you understood it. The person whose appointment you are revoking cannot be your witness.

Step 3: Notify the Attorney or Guardian in Writing

This is the most critical step. The revocation is not effective until you have given written notice to the person whose appointment you are cancelling.

• Send a signed copy of the completed revocation form to your former attorney or guardian.

• It is highly recommended to send it via registered post so you have proof that they received it.

• Keep a copy of the revocation form and the postage receipt for your own records.

• If you don't notify them, they can legally continue to make decisions on your behalf because they are unaware their authority has ended.

Step 4: Inform All Relevant Parties

Once the revocation is complete, you must inform everyone who held a copy of the old document or was acting on its authority. This prevents confusion and stops the old document from being used by mistake.

Be sure to notify:

• Your bank and any other financial institutions.

• Your doctor, medical specialists, and aged care provider.

• Your solicitor, accountant, and financial advisor.

• Family members and anyone else who needs to know.

• NSW Land Registry Services if the original Power of Attorney was registered with them. It is advisable to register the revocation to clear the public record.

By following these steps, you can confidently and legally take back control of your future decisions. If you plan to appoint a new person, you can do so by completing a new Power of Attorney or Enduring Guardianship form.

Disclaimer: This guide provides general information only and is not a substitute for professional advice. The information is provided "as is," without any guarantee of its accuracy or completeness.

Any action you take based on the contents of this guide is at your own risk. We are not liable for any loss or damage resulting from its use. Please consult a qualified professional to address your individual circumstances.