A Power of Attorney is a legal document which gives authority to another person to sign documentation on your behalf and conduct your financial affairs. Typically, it is your spouse or partner or a close trusted person who is given the power when a trip is planned, or when other legal tasks are attended to, such as making a will.
As with many things in life, situations can change, and there may come a time when you do not feel comfortable in granting this person the power to act on your behalf. So now you need to cancel it.
It is possible to have the document rendered worthless by simply telling the person verbally, but if proof is required this can be difficult. The most effective way to be sure is to visit a solicitor, and have a document written and served on the person. Ask your solicitor to write to your financial institutions and inform them of the cancellation.
If your document is what is called an “Enduring Power of Attorney”, you may have to prove that you are competent to make such a decision.
The Supreme Court can also cancel the Power of Attorney if it is not being used in your best interests.
If you have any questions you would like answered either confidentially or via this medium, please email us at office@mjolegal.com.au
This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.