Revoking Your Power Of Attorney In British Columbia
Preparing a Power of Attorney (POA) gives a trusted person the power to handle your legal and financial operations on your behalf. This legal document is important to perform certain actions or look after your business in your absence. However, there may be instances when you are no longer happy with your choice.
Under such circumstances, you can revoke your Power of Attorney. Revoking a Power of Attorney in British Columbia is not complicated but becomes seamless with a lawyer’s help. Hire a wills and estate planning lawyer to help you with the revocation. While having a lawyer is not mandatory, legal help proves useful to safeguard your interests. Your lawyer will guide you in the process and help you deal with any hurdles you may face. For instance, if your decision is contested by your existing attorney or any other party, you can seek legal help to resolve the issue.
People may revoke their POAs for various reasons. A person may lose confidence in their attorney, the attorney may refuse to carry on with the responsibility, or the attorney may no longer be available to handle the grantor’s affairs. Whatever the reason is, you can revoke your Power of Attorney as long as you are mentally capable.
Steps To Revoke A POA In British Columbia
Here are the steps you should follow to revoke a Power of Attorney in British Columbia:
Go Through Your POA
Before taking any decision, go through your Power of Attorney once. See if it is still valid or has already expired. You should also check the type of POA you have. If you have a General POA, it will end if you lose mental capacity. An Ensuring POA continues even after you lose this capacity.
Moreover, look for the revocation process in the POA. If you had worked with a lawyer while drafting this document, they must have added a provision for its revocation.
Write A Revocation Notice
Consult a lawyer to prepare a revocation notice once you confirm your POA’s validity. They will inform you about all the details your notice should contain.
Ideally, a revocation notice includes your complete name, address, the existing attorney’s details, a statement denoting your revocation, the revocation date, and your signature.
You will need a witness or a public notary as you sign your POA revocation notice.
Inform Your Attorney
This is the time to inform your existing attorney about your decision to revoke your POA. You should also inform all parties associated with your POA and its execution.
Your lawyer will help you share a signed copy of your POA revocation notice with your attorney. You will also need to inform all institutions where the attorney can exercise their power about your decision to prevent any foul play. You cannot take risks when it comes to entities like banks and other financial organizations giving your attorney the power to manage your affairs.
POAs dealing with real estate are registered with the Land Title and Survey Authority. If this is the case with you, you should also file a revocation with it.
Destroy Your Existing POA
After every party is informed about your decision and a revocation notice is signed, you can go ahead and destroy your older POA document. This eliminates all potential confusion and misuse of your Power of Attorney. If anyone else has a copy of your older POA, ask them to destroy it as well.
Draft A New POA
If you need to replace your older POA with a new one, you can now draft it with the help of your lawyer. This step is not mandatory but advisable to safeguard your interests and secure your financial future. Take your time in choosing a new attorney who can handle your operations and whom you can trust completely.
Revoking Different POA Documents
POAs in British Columbia may or may not be registered with the Register of Deeds. Here is what you should do in the case of unregistered and registered Durable Power of Attorney:
Revoking An Unregistered POA
If you want to revoke a POA that is not registered with the Register of Deeds, you can:
- Draft a revocation notice and notarize it, or
- Get rid of your existing POA while you are mentally capable (preferably in a witness’ presence), or
- Revoke the document by following the provisions mentioned in it, or
- Let your attorney know about your decision by sending them the revocation notice
Revoking A Registered POA
If you want to revoke a registered POA, you can go ahead with these steps:
- Prepare and notarize your revocation notice.
- Get your revocation registered where you had earlier registered the POA you want to revoke.
- Inform your existing attorney about your decision and the steps you have taken so far.
Should You Have A Reason To Revoke Your POA In British Columbia?
No, you need not have any specific reason to revoke your POA in British Columbia. You can complete the process as long as you follow the due procedures. However, you should be prepared for potential contestations from your existing attorney if they find your decision unacceptable. This is where hiring a wills and estate management lawyer in BC helps. These professionals help their clients fight legal battles and resolve disputes regarding contestations.
Revoke Your Power Of Attorney Seamlessly With Cube Law
If you are not happy with your POA and want to cancel it, our lawyers at Cube Law will help you with its revocation. They will guide you in creating a POA revocation notice, informing your attorney, and registering your new POA with the right authorities. Cube Law also helps you resolve any dispute that may arise during your POA’s revocation. Contact us today to get started with the initial consultation.