Deed of Revocation of Power of Attorney

What is a deed of revocation of Ordinary Power of Attorney?

A deed of revocation of Ordinary Power of Attorney is a document that formally cancels an attorney's existing power and ends the authority they were granted to act on a person's behalf.

 

Who is the Donor?

The Donor is the person who appoints the Attroney in the first place. The Principal must be 18 years old have have mental capacity to understand the power they are giving to the Attorney.

Where the power of attorney is an Ordinary Power of Attorney (or Ordinary Power of Attorney (Northern Ireland)), the Donor can also be a company, as it has legal personality. However, for a Lasting Power of Attorney, the Donor can only be an individual.

 

Who is the Attorney?

The Attorney is the person who is appointed to act on behalf of the Donor. An Attorney must be at least 18 years old and have the mental capacity to make the decisions they have been appointed to make.

A company can also be appointed as an attorney as it has legal personality for both an Ordinary Power of Attorney and a Lasting Power of Attorney.

 

Is it mandatory to have a deed of revocation of Power of Attorney?

Yes, it is mandatory to have a deed of revocation of Power of Attorney. This is because a Power of Attorney has to be granted in writing. As such, its revocation must also be in writing.

 

What are the prerequisites of a revocation of Power of Attorney?

Before a Power of Attorney is revoked, it must first be validly granted in writing.

 

Who is involved in a revocation of Power of Attorney?

A revocation of Power of Attorney should be done by the Donor.

 

What has to be done once a revocation of Power of Attorney is ready?

When the deed of revocation is complete, it should be signed by the Donor. If the Donor is a company, it should be signed by their authorised representative (e.g. HR Director, CEO).

 

Is it necessary to have witnesses for a deed of revocation of Power of Attorney?

Yes, witnesses are required when signing a deed of revocation of Power of Attorney. The witness must be at least 18 years old and not be related to either the Donor or the Attorney.

 

What must a revocation of Power of Attorney contain?

A revocation of Power of Attorney must contain:

• Details of the Donor and the Attorney; and
• The date the revocation will take effect.

 

Which laws are applicable to Power of Attorney?

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:

• The Law of Property (Miscellaneous Provisions) Act 1989.
• The Companies Act 2006.

Relevant statutes governing Powers of Attorney are:

• The Trustee Act 1925.
• The Trustee Delegation Act 1999.

 

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

 

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.