Revoking Power Of Attorneys In AlbertaJeff Kahane2022-05-10T21:16:33+00:00
Revoking Your Power Of Attorney
Revoking Power Of Attorneys
A Power of Attorney, is a document that allows someone else to make decisions for you. Specifically, the power given only applies to your material things and finances. For someone to make decisions about your health, body or person, you need a personal directive. Sometimes, people change their mind as to who has this ability to make decisions for them. In these cases, people often ask about revoking Power of Attorneys in Alberta. The process to revoke their power of attorney is easy and simple. Our wills and estates lawyers act to help you take control of who manages your assets. With offices in both Calgary and Edmonton, we help people province wide.
Why People Revoke Power Of Attorneys
People revoke Power of Attorneys for many reasons. However, the process for the revocation lacks any requirement for providing a reason to your POA. For example, these include some of the following reasons:
A change in circumstance;
You no longer need a POA;
Someone else works better to act on your behalf;
The current person with Power of Attorney moved;
A falling out or break in trust with the current POA occurred; and lastly
You wish to take full control over your assets.
Process To Revoke A POA
The process for revoking Power of Attorneys is simple. The law requires you to give notice to your Attorney that you hereby revoke the Power of Attorney that you gave to them. While the revocation in a written form is not strictly required, the best practice is for you to prepare a written revocation and deliver it to your POA. This allows for evidence that he received notice of the change. In addition, it is a good idea to give notice of your revocation in writing to your lawyer, financial institutions, investment advisors or anyone holding assets on your behalf. In fact, giving notice to anyone who knows of the Power of Attorney is a good practice. Finally, a good practice is to also ask your POA for them to return the original Power of Attorney document and any copies to you for safe disposal.
When The Revocation Takes Effect
The revocation takes effect when you want it to. The revocation either states a specific date that it takes effect or it states that it is effective immediately. You decide what works best for you. Obviously, as above, your Attorney requires notice of the revocation for it to be effective.
Best Was To Give Notice Of A Revocation
As with many things in law, evidence is a key factor. Therefor, the best means to give notice when revoking Power of Attorneys is one that provides evidence. This is especially true when a breakdown of trust occurred or a relationship soured. For example, good ways to give notice include:
Hand delivering the notice. if necessary a swore affidavit of service is easy to produce. Record the time and date it was served;
Deliver it by courier or registered mail where the person’s signature is required;
Send it by fax to a fax machine that is regularly used by the person.
Discharging A POA From Title To Your Land
To facilitate regular real estate transactions, some people register their Power of Attorney at the Alberta Land Titles Office. The Land Titles includes a prescribed form for discharging the POA from title. However, Land Titles recognizes any document that includes the required information. For example, the information required includes, the instrument number of the POA, your legal name as on title, the date you signed it, the name of the person you gave the Power of Attorney to and the date you granted the POA as indicated on that document. The requirement continues in that you must sign the notice and include a witness.
Alternative To Revoking A Power Of Attorney
Several options exist for alternatives to revoking Power of Attorneys. Which works for you depends on the circumstances. For example, the following are some of the alternative options to a revocation:
Limiting The POA In Time
Instead of requiring the active step of revoking Power of Attorneys, a simple step, where appropriate, is to include a limit on how long the POA is valid for. Once this “expiry” date passes, the POA no longer gives any power to the Attorney. This is the easiest way to limit the powers given.
Limiting The Scope
Other times a POA is granted for a specific purpose. For example, for the sale of the home. If the POA states that the power is restricted to the sale of a specific piece of property, then, once sold, no requirement exists for a revocation. (unless you plan to buy back and are concerned that the Attorney will then sell it again without your consent.)
Creating A New Power Of Attorney
While you still need to give notice as above, when you create certain types of POAs, the drafting can include a provision that revoke Power of Attorneys you had previously granted.
Death Of Your Attorney
If you Attorney passes away, then the Power of Attorney no longer works as that person lacks the ability to use it. You need not do anything further.
Limitations Of Revocations
One significant limitation a person’s ability for revoking Power of Attorneys exist. This involves your mental capacity. A person who lacks mental capacity lacks the ability to sign any legal document or give lawful instructions. This includes the ability to terminate the powers granted to your attorney.
Cost To Revoke A Power Of Attorney
Kahane Law Office believes in offering flat rate fees whenever possible. This allows people the certainty as to cost when deciding to use our firm. For us to draft and witness with you a document for revoking Power of Attorneys in Alberta is $225 plus GST. If you require us to discharge a POW from Land Titles only, then the cost for that service is also $225 plus GST. This fee may change if Land Titles increases their fees as their fee is included in our fee along with the cost to send the revocation to Land Titles. If you require both services, there is a reduced cost for the combination of services for $375 plus GST.
Get The Help You Need Today
Call Kahane Law Office in either our Calgary or Edmonton offices for the help you need for revoking Power of Attorneys. We often provide this service on the same date or the next business day. Registration times for discharging a document at Land Titles vary based on their current registration times. For our Edmonton location, please call (780) 571-8463. For our Calgary location please call us at (403) 225-8810. If email is easier for you, and to avoid possible “phone tag” please email us directly here.