FAQs - Ending a Power of Attorney

A

You can cancel a power of attorney at any time as long as you continue to have capacity. You can cancel it by giving written notice to the attorney. All organizations dealing with the attorney should be notified in writing that it has been cancelled.

An attorney under an enduring power of attorney must provide a final accounting within six months of the power of attorney ending. If no final accounting is provided, an application for a court order directing the attorney to provide one can be made.

A

A power of attorney ends if the attorney dies. The responsibility cannot be passed on in a Will or other document.

A

Yes, as long as you have legal or mental capacity. But remember, an enduring power of attorney will continue to be effective even if you lose the capacity to make decisions for yourself. Once a person has lost capacity to make decisions, they cannot cancel an enduring power of attorney.

A

A power of attorney ends when the person granting it dies. At that point, the executor, if one is named in a Will, becomes responsible for handling matters.

A

An enduring power of attorney ends if the court appoints someone else to make the decisions. It also ends if the Public Guardian and Trustee is given the authority to make decisions. For example, a power of attorney appointing a property attorney would end if the court appointed a property guardian for the person. A personal power of attorney would end if the court appointed a personal guardian for the person.

A

If your mom now lacks capacity, the written notice can be given to another attorney, if there is more than one attorney. If there are no other attorneys, the most immediate and available family member must be given the written resignation.

A

An attorney can cancel the power any time by telling the person who gave them the power that they are ending it. If it is an enduring power of attorney, the resignation must be given in writing. The power of attorney document should be returned to the grantor. No notice is required.

A

An enduring power of attorney ends if the property attorney becomes bankrupt. This does not apply to a personal attorney.

A

A power of attorney ends if the person granting it becomes bankrupt because the trustee in bankruptcy takes over.

A

An enduring power of attorney ends if the attorney starts providing personal or health care services to you. It also ends if they are convicted of one of certain criminal offences, such as assault or fraud, unless you consent in writing. You will need to name another power of attorney or hire someone else to provide the personal services to you.

A

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 the court is satisfied that this is the case the court can end the power of attorney.

A

A specific power of attorney ends when the task is completed or a specified time or event occurs. For example, a power of attorney to sell certain real estate ends when that property is sold. As well, a power of attorney may come to an end on a date specified in the document.

A

A power of attorney ends if the attorney becomes mentally incompetent or you choose to end it. You should try to have the document returned to you and destroy it. You should also contact any places that might have a record of it, such as your bank, to let them know that it is no longer in effect.

A

An enduring power of attorney will end if you stop living together as spouses. If it is a non-enduring power of attorney, it will not end automatically but you can cancel it. You should try to have the document returned to you and destroy it. You should also contact any places that might have a record of it, such as your bank, to let them know that it is no longer in effect.