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Create a Revocation of Power of Attorney
What this document does
A notice revoking a power of attorney, served on the attorney and on everyone who has been relying on it. Revoking the authority and telling people about it are two different things: under the Contract Act a revocation binds a third person only once they know of it, so service is what makes it bite. Where the power revoked was registered, a deed of revocation should be registered at the same office as well.
Notice
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Revocation of Power of Attorney
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What else is in it — 6 clauses, 3 optional
- 01
Who the notice is from and to
The head of the notice: the place and date it bears, who it issues from, and everyone it is addressed to. Recipients are entered here rather than through the party picker — a notice is served on its recipients, not agreed with them, and the Sender is its only signatory.
- 02
Subject
The one line a recipient reads first, and the line the notice is later found by in a file. Written by the Sender rather than composed from the facts — those live on other clauses, and a clause cannot read another clause's data.
- 03
The power of attorney being revoked
Which authority is being revoked, identified well enough that a bank or a registrar can match it to the instrument they hold. A revocation that does not identify what it revokes is one nobody can safely act on.
- 04
The revocation
The operative paragraph: the authority is revoked. The date it takes effect is the sender's own — nothing computes it — and the sentence about the sender no longer being bound is what a third party reading this needs to see.
- 05
Return of the instrument
The call on the attorney to stop acting and hand back the original. The original matters: an attorney holding it can still show it to somebody who has not heard about the revocation, and that person may be entitled to rely on what they were shown.
- 06
Notice to everyone concerned
The paragraph addressed past the attorney to everybody else. Mandatory, because it is what the notice is for: under s. 208 of the Contract Act a revocation takes effect against a third person only when they come to know of it, so a revocation served only on the attorney leaves the sender bound by whatever the attorney does with anyone acting in good faith.
After it is drafted
Getting it to the recipient
A notice takes effect when it reaches the person it names rather than when it is signed, so how it travels matters about as much as what it says. Registered post with acknowledgement due is the usual choice because it produces both a receipt and a card that comes back; courier and email do the same job where the agreement or the statute allows them. Whichever route it goes by, what it leaves behind is the part worth having.
Reaching everyone who has been relying on the authority
The attorney is rarely the whole list — every bank, society, registrar, tenant or counterparty who has dealt with them under the power is on it too. A revocation binds each of them only once they know of it, so one that reaches the attorney alone leaves the grantor exposed to whatever is done with anyone else. Worth writing the list out before sending rather than as each name occurs to you.
A registered deed, where the power was registered
A power of attorney that was registered is generally revoked by a deed of revocation registered at the same office. The difference is who finds out: this notice tells the people you send it to, while the registered deed puts the revocation on the record a sub-registrar or a purchaser's advocate actually searches. Where property was within the attorney's authority, that record is the one that matters.
A newspaper announcement, where the list cannot be complete
Where the authority was wide, or there is no way to identify everyone who may have dealt with the attorney, an announcement in a paper circulating where they acted is how people who are not on your list come to know of it. It reaches nobody in particular, which is the point — it is for the ones you cannot name.