A power of attorney (POA) is an important legal document that allows you to designate someone you trust to make decisions about your finances, property, or healthcare on your behalf.
There are two types of power of attorney documents in Ontario: continuing power of attorney for property and power of attorney for personal care. The first is responsible for making decisions regarding your property and finances, while the second can make decisions regarding your medical and personal care.
But what if you want to revoke a power of attorney document? In this article, we’ll discuss what revoking a POA means, if you can revoke one in Ontario, and how you can do so.
What does it mean to revoke a POA?
When you “revoke” a power of attorney document, you cancel or terminate it, removing your previously-appointed attorney’s authority to act on your behalf.
If your attorney never used their authority before you revoked it, and you never provided the power of attorney to your lawyer, bank, insurer, or other institution, then there are no loose ends you need to tie up.
But if your attorney was using their authority or you provided your POA documents to various institutions, then you must ensure they are all notified about the revocation so there are no unauthorized dealings in the future.
You should also get the original copy of the POA back from the previously appointed attorney so you can destroy it.
How do you change a power of attorney in Ontario?
There are different ways to change your power of attorney documents depending on your situation. You can make a revocation, draft up an amendment, or make a new POA entirely. You can also wait for it to expire.
The difference between revocation, amendment, and expiration
Can A Power Of Attorney Be Revoked In Ontario?
Yes, you can revoke your will or power of attorney documents in Ontario.
Outside of revoking your own POAs, your POA can also be overridden or revoked through court by your next of kin or another concerned party (such as your attending healthcare or long-term care providers) if there are just grounds for it.
The court can also take legal steps to invalidate a POA in Ontario if they believe it was made while you were under duress, not in sound mind, or without proper execution.
Read more about who can override your POA →
Grounds for Revoking a POA in Ontario
You can revoke or amend your powers of attorney documents as long as you have mental capacity.
To have mental capacity, you must:
- understand whether the person you appoint as your attorney is genuinely concerned with your well-being, and
- understand that there may come a time when you need this person to make decisions on your behalf.
Common reasons you may want to revoke a POA
- You want to appoint someone else as your attorney
- Your relationship with your appointed attorney has changed, and you no longer want or trust them as your attorney
- You no longer need a power of attorney
Step-by-Step Process to Revoke a POA in Ontario
Here’s a guide on how to revoke a POA in Ontario:
Legal Considerations and Implications
If you want to revoke your POA legally, it’s important to follow the Ontario POA revocation process as outlined in Ontario’s Substitute Decisions Act.
If you’re worried about incorrectly drafting a Statement of Revocation, you can create your POAs with Willful and take advantage of the revocation clause already in place. That way, you’re protected by your new documents without worrying that your old ones are still valid.
Can you have two powers of attorney in Ontario?
While you can have one continuing power of attorney for property and one power of attorney for personal care, having more than one of each can cause legal confusion and shouldn’t be necessary.
After all, you can appoint different people for property or personal care, and you can also appoint more than one attorney for each role.
How to Ensure Your Revocation is Recognized
Make sure whoever needs to know about your POA documents does. This starts with letting your previous attorney know they no longer have the authority to make decisions on your behalf.
Following this, you should also notify your new attorney (if applicable) about their official appointment as your substitute decision-maker. Just as you would for your estate executor.
Then, you may want to reach out to the following places, where relevant, to help make sure your POAs are accepted:
- Financial institutions like banks, credit unions, investment firms, brokers, mortgage lenders, credit card companies, and insurance providers
- Healthcare providers like your primary care physician, attending specialists, hospitals where you've received care, or long-term care facilities
- Legal and professional service providers like your lawyer, accountant or financial advisor, or real estate agents (if you have a POA for property which involves real estate)
- Personal contacts like family members or close friends who were aware of the POA
- Other relevant parties like your landlord or property management company, utility companies, or any other businesses where the old POA was on file
Remember that your POA is valid as long as it is executed according to Ontario’s requirements. It isn’t necessary to have it notarized, and institutions (like banks) cannot force you to use their POA instead of your own.
Make Sure You and Your Loved Ones Are Protected
By creating or updating your estate plan, you can make sure your wishes are documented and any old documents are revoked.
Easily create or update your will and power of attorney documents today with Willful, Canada’s favourite online will platform. Plus, Willful users get free unlimited updates forever, so you never have to pay for new documents after making your first ones with Willful!
