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This document can be used by the donor of either an Ordinary Power of Attorney or the donor of a Lasting Power of Attorney to revoke the power they have conferred on the attorney. The document has been tailored for use in the jurisdiction of England and Wales.
This document should only be used where the power of attorney is a revocable power of attorney.
An Ordinary Power of Attorney has three types: general power of attorney, specific power of attorney and trustee's power of attorney.
The best way to revoke an Ordinary Power of Attorney is through express revocation in a deed. To this end, this document has been created in the form of a deed poll. This means that it can be executed by one person alone, which would be the donor of the Ordinary Power of Attorney.
This document also takes into account the following:
This template provides for the possibility that up to three different attorneys have been appointed by the donor.
How this document can be used
This document can be used to expressly revoke an Ordinary Power of Attorney or a Lasting Power of Attorney. It should be completed with full and accurate details of both the donor and the attorney(s).
Where a relevant party is a corporate entity, this document should be signed by an authorized person of that relevant corporate entity. Signature in this context can be signing the name of the donor, or making the donor's mark (such as an official stamp or seal) on the deed.
The deed of revocation can also be signed by an agent of the donor, for example where an individual donor lacks the ability to execute the document themselves. Where an agent is executing on behalf of the donor, the agent must have been appointed through an Ordinary Power of Attorney which has been validly executed as a deed. The agent can sign the document using either the donor's name or their own name.
A corporate donor of an Ordinary Power of Attorney can also appoint an agent through an Ordinary Power of Attorney to execute the deed on its behalf.
As this document takes the form of a deed, it must be properly executed as a deed, which means that it must be signed and dated in the presence of a witness (as provided in s.1(3) of the Law of Property (Miscellaneous Provisions) Act 1989). The witness must be:
The deed should be shown to all the concerned parties for it to be validly executed. In other words, the donor must give notice of the revocation of the power of attorney to the attorney(s) otherwise the power of attorney will not cease. An attorney will not be liable for any action after the power of attorney has been revoked, if they were not informed or notified that the power of attorney had been revoked (as provided in s.5 of the Powers of Attorney Act 1971)
There is no specific method for notifying an attorney that their power of attorney has been revoked. The donor can simply send a copy of the signed deed of revocation to the attorney after it has been executed, or any other method that is convenient for the donor.
The relevant legislation relating to both Ordinary Powers of Attorney and Lasting Power of Attorney in England and Wales is the Powers of Attorney Act 1971.
Relevant statutes relating to the execution of deeds in England and Wales are:
Relevant statutes governing Powers of Attorney are:
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