How to revoke a power of attorney in SA
You can revoke a power of attorney while you have capacity. Here's the written notice process and best practice.
A power of attorney can be revoked at any time while the testator has capacity. Revocation requires a written notice to the attorney and, for registered EPAs, deregistration at the Lands Titles Office. It's best practice to replace a revoked EPA with a new one, rather than simply revoke.
The revocation process
Prepare a written notice of revocation. Sign it. Deliver it to the attorney – ideally with proof of delivery (registered post, email with delivery receipt, or in person with a witness). The revocation takes effect when the attorney receives it.
Notifying third parties
Banks, share registries, and other institutions holding your assets should be notified of the revocation. Send copies of the revocation to each. If the EPA was registered with the Lands Titles Office, deregister it.
Replacing, not just revoking
A revoked EPA leaves you without an attorney. For most people, the right answer is to revoke and simultaneously execute a new EPA appointing a different attorney. We usually draft both documents together.
Capacity to revoke
You must have capacity at the time of revocation. If you've already lost capacity, you can't unilaterally revoke the EPA – SACAT may be able to intervene, but that's more complex.
Revoked by circumstances
Certain events automatically revoke an EPA or remove an attorney: the attorney's bankruptcy, the attorney's death, or certain life events of the testator (e.g. remarriage in some cases). These don't require separate action but can leave you without an attorney unless you've named substitutes.
Summary
You can revoke a power of attorney while you have capacity. Here's the written notice process and best practice.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.