Revocation of enduring power of attorney (Form 6)

A written revocation of an enduring power of attorney must be in the approved form (s 49(1), Powers of Attorney Act 1998 (Qld)), and Form 6 (Version 1) is that form. The approved form is not required to the extent the revocation covers power for a health matter, or to revoke an advance health directive (s 49(2)). The principal can only revoke in writing if they have the capacity needed to make an enduring power of attorney giving the same power (s 47). The revocation must be signed by the principal, or by an eligible signer at their direction and in their presence, and signed and dated by an eligible witness (s 49(3)). After revoking, the principal must take reasonable steps to tell every attorney and, if the enduring power of attorney was registered under the Land Title Act 1994, to deregister it (s 46).

When you need it

• You no longer want an attorney, or all attorneys, appointed under your enduring power of attorney to act for you.
• You want to cancel the whole document, with or without making a new one. A new enduring power of attorney also revokes an earlier one to the extent they are inconsistent (s 50).
• Not if you have lost capacity. Others can then apply to QCAT or the Supreme Court to remove an attorney or revoke the document (ss 109A, 116).

1. 1

   Part 1: the revocation statement

   Print your full name and address, the date the enduring power of attorney was signed, and the names of the attorneys whose appointment you are revoking.

2. 2

   Part 2: statement of understanding

   Tick whether the power being revoked covered personal (including health) matters, financial matters or both, and read and tick each statement confirming you understand what the document did and that you are revoking it. Then sign in front of the witness and date it.

3. 3

   If someone signs for you

   If you cannot sign, a person aged 18 or over who is not the witness and not your attorney signs at your direction in your presence and the witness's presence, and prints their name (ss 30, 49(3)).

4. 4

   Part 3: witness's certificate

   The witness must be a justice of the peace, commissioner for declarations, lawyer or notary public who is not the person signing for you, your attorney or a relation of you or your attorney. A current paid carer or health provider can witness only if the revoked power was for financial matters only. The witness confirms how it was signed and that you appeared to have the necessary capacity, then signs and dates.

• The revocation is not lodged with a government agency to be effective, but you must take reasonable steps to tell every attorney affected (s 46). The form warns that if you do not, your attorney can legally continue to make decisions for you.
• If the enduring power of attorney was registered with the Titles Registry, you must also deregister it (s 46). Titles Queensland's Form 16 is used to register a power of attorney or a revocation of power of attorney. Until the revocation is registered, a registered power may continue to authorise the attorney to deal with land (s 60(3)).
• It is sensible to also tell anyone who holds a certified copy, such as your bank, doctor or lawyer, that the document has been revoked.

• The witness must be satisfied you have the capacity required. The form strongly recommends the witness record the questions they asked.
• The form's notes still refer to the 'Land Titles Act 1994'. The correct name is the Land Title Act 1994.
• If you are replacing your attorneys, make the new enduring power of attorney (Form 2 or Form 3) and the revocation at the same appointment so there is no gap.