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You can end a power of attorney at any time as long as you still have the capacity to make this type of decision. There are also some other circumstances that will end a power of attorney.
Be cautious when ending a power of attorney. A non-enduring power of attorney is a contract. Breaching a contract can lead to a lawsuit if there is a loss of some kind.
If you have a non-enduring power of attorney (POA), it ends when:
Non-enduring POAs are judge-made law. This means that there is little to no legislation governing them. As such, there may be other factors that play into ending one. It may be a good idea to consult a lawyer if you are unsure.
If your attorney resigns, they should return the POA document to you. You should make sure that places where the power of attorney has been used, such as banks, know that it is has been cancelled.
Any interested party can apply to court to have a power of attorney ended if they think that an attorney has abused their authority.
If you have an enduring POA, it ends when:
If you lack capacity and your attorney resigns, they can give the written notice to another attorney instead of to you. If there are no other attorneys, your most immediate and available family member will be given the written resignation.
Depending on the situation, certain steps must be taken to end a power of attorney. In other situations, the law states when a power of attorney will end.
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