Notice · Elder Law & Powers of Attorney / Guardianship

Revocation of an enduring power of attorney, with notices to the attorney, banks and NSW Land Registry Services

An instrument by which a principal with capacity revokes an enduring power of attorney, a notice of revocation to each attorney, a letter to banks and others holding a copy, and the steps to register the revocation if the power was registered.

Kind
Notice. A formal notice to serve or publish.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a principal who still has capacity wants to cancel an enduring power of attorney, for example after separation, a falling-out, the attorney's death or loss of capacity, or a move interstate. Confirm capacity to revoke first. If a replacement power is to be made, sign it at the same meeting.

How AI may be used

AI may prepare the revocation and notices from the original instrument and the list of institutions; the lawyer confirms the principal has capacity to revoke, is acting freely, and that every attorney and third party is notified.

AI may

  • Fill the revocation from the original power: date, attorneys, registration number
  • Prepare a notice for each attorney and a letter for each institution on the client's list
  • Keep a service log of who was notified, how and when

AI must not

  • Must not assess the principal's capacity or whether they are acting under pressure
  • Must not contact the attorney or institutions on the principal's behalf without instructions
  • Must not include the reasons for revocation in the notices unless the principal instructs it

The lawyer checks

  • Principal understands what the power does and the effect of revoking it, and the file note records how capacity and independence were assessed
  • Every attorney (including substitutes) is served, preferably by registered post, and service is recorded
  • Revocation registered with NSW Land Registry Services if the power was registered
  • Any replacement instrument is valid and does not repeat the problem that led to revocation

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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