How to Revoke Power of Attorney in New Brunswick

When the Person You Trusted Isn't the Right Choice Anymore

Families change. The sibling your parent appointed five years ago has since moved to Alberta, gone through a divorce, or shown troubling financial behavior. A new marriage has shifted family dynamics. Or your parent simply wants to appoint someone different now that circumstances have changed.

Revoking a power of attorney in New Brunswick is legally straightforward — but only if your parent still has the mental capacity to do it. That capacity requirement creates a ticking clock that many families don't recognize until it's too late.

The Capacity Requirement

Under the Enduring Powers of Attorney Act, a grantor can revoke any power of attorney at any time, for any reason — provided they possess the mental capacity to understand what revocation means. There is no notice period, no minimum waiting time, and no requirement to justify the decision to anyone.

If your parent has lost capacity, revocation is no longer an option. The only pathway at that point is a court application to the Court of King's Bench to terminate the attorney's authority — a far more expensive and time-consuming process.

Revoking a Property POA

Because a property EPA must be created in the presence of a lawyer, the same formality applies to its revocation:

1. Your parent signs a written revocation statement clearly identifying the EPA being revoked — ideally by date and the name of the attorney being removed
2. The revocation must be signed in the presence of a practising member of the Law Society of New Brunswick
3. The lawyer witnesses the signature and confirms your parent has capacity to revoke

The lawyer who drafted the original EPA is a natural choice for handling the revocation, but any practising New Brunswick lawyer can do it. Ask in advance how the lawyer will bill for the work.

Revoking a Personal Care POA

A personal care EPA follows the same witness rules as its creation: the revocation must be in writing, signed by the grantor in the presence of either a practising lawyer or two adult witnesses who meet the statutory criteria (at least 19 years old, not the former attorney, not the former attorney's spouse or child).

After Signing the Revocation

Signing the revocation is only half the job. Give copies promptly to the people and institutions relying on the old EPA so they can update their records. You need to actively notify:

The former attorney. Deliver a signed copy of the revocation directly.

Your parent's bank and financial institutions. Bring the original revocation and request that the bank update their records. Without notification, the bank may continue accepting transactions from the former attorney.

Healthcare providers. If the revocation applies to a personal care EPA, notify your parent's family doctor, any specialists, and any care facility where the former attorney was listed as the decision-maker.

Government agencies. If the former attorney was registered with CRA or Service Canada to act on your parent's behalf, file updated authorization forms.

Co-attorneys and monitors. If the EPA named multiple attorneys or a monitor, they should all receive copies of the revocation.

Revoking and Replacing in One Appointment

Most families revoke an old EPA and execute a new one in the same lawyer appointment. Since the property POA requires a lawyer for both revocation and creation, this can be an efficient approach — ask how the lawyer will bill for both transactions.

If your parent is replacing only the personal care EPA with a different attorney, the lawyer can handle both documents during the same meeting, even though the personal care EPA doesn't strictly require a lawyer.

What You Cannot Do

Revoke on your parent's behalf. Only the grantor — the person who signed the original EPA — can revoke it. An adult child cannot revoke their parent's POA, even if they believe the attorney is acting badly. If you suspect financial abuse or neglect, your options are to report to the police, apply to the Court of King's Bench for an order terminating the attorney's power, or contact the Public Trustee's office.

Revoke after capacity is lost. If your parent no longer understands what revocation means, the document cannot be revoked by them. A court application is the only remedy.

Partially revoke without clear documentation. If your parent wants to limit the attorney's powers rather than revoke entirely — for example, keeping property authority but removing personal care — the cleanest approach is a full revocation followed by a new, narrower EPA. Informal amendments written in margins or attached as letters can create ambiguity for banks and care providers.

The New Brunswick Power of Attorney & Personal Directive Kit includes a revocation preparation checklist and a notification tracker so no institution is missed — because a revocation that sits in a desk drawer without notice is a revocation in name only.

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