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how do I cancel an enduring power of attorney?
Optional Information: State/Territory: WA Already Tried: Nothing, I don't want now to pay huge fees to do this
Hello and thank you for the question.
A power of attorney generally operates until the principal's death or until revoked, which can be done by the principle simply notifying the donee (i.e. the attorney that the power is revoked).
http://www.austlii.edu.au/au/legis/wa/consol_act/pla1969179/s85.html
However, if a principle has granted an irrevocable power of attorney this can usually only be revoked under the terms of the instrument, which will usually stipulate when such power is revoked. Such irrevocable POA's usually attach to contracts of some sort and are common in leases and such, but generally their powers are very confined to specific issues.
I trust the above assists your understanding.
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Thank you.
what cost should I expect to pay for that to be done?
You can generally do it yourself.. simply write a letter to the person, retain a copy and notify them that they the power of attorney is revoked.
For an abundance of caution, you could engage a solicitor to arrange for the revokation to be formally served and an affidavit of service retained to confirm the attorney has been served with the revocation. This may cost a few hundred dollars.
Any act then done using the power of attorney will be an unauthorised transaction, and although third parties may still be able to rely on such a transaction, you will generally be entitled to sue someone who exercises a power under a revoked POA. For this reason they would be foolish to continue using it.
I would also suggest you request that they return the original document.
Experience: Dip Law LPAB - Sydney based lawyer