How to Revoke Power of Attorney in British Columbia

When Revocation Becomes Necessary

An Enduring Power of Attorney or Representation Agreement in British Columbia can be revoked by the adult who signed it at any time — as long as they still have mental capacity. Common triggers include a breakdown in trust with the appointed attorney or representative, a change in family circumstances (divorce, estrangement, a new marriage), discovery that the attorney has been misusing the authority, or simply a decision to appoint a different person.

The critical requirement: the adult must have the mental capacity to revoke. If a parent with dementia signed an EPOA three years ago and now wants to revoke it, the question becomes whether they still understand what revocation means and its consequences. If capacity is in doubt, a physician's assessment at the time of revocation protects against a later challenge.

The Revocation Process for an EPOA

Revoking an Enduring Power of Attorney requires a formal, documented process — not just a verbal statement:

Step 1 — Draft a written Notice of Revocation. The notice must clearly identify the EPOA being revoked (by date of execution and the parties named), state that the adult is revoking it, and be signed and dated by the adult.

Step 2 — Sign and witness the revocation. Sign and date the Notice of Revocation and have it witnessed by an independent adult. This creates a clear record if the revocation is later challenged.

Step 3 — Serve the Notice on the attorney. The Notice of Revocation must be physically served on the person who was appointed as attorney. If alternates were named, they should be served as well. Keep proof of service — a signed acknowledgment from the attorney or a process server's affidavit.

Step 4 — Notify third parties. The adult must notify every institution and person who received a copy of the original EPOA. This includes banks, the Land Title and Survey Authority (if the EPOA was registered for real estate purposes), investment advisors, accountants, and any other party who might act on the attorney's instructions.

Until a third party is notified, it may continue to treat the EPOA as operative, creating a risk that the former attorney's instructions will still be processed. Notify institutions promptly and keep proof of delivery.

Revoking a Representation Agreement

The process for revoking a Representation Agreement under the Representation Agreement Act follows a similar pattern:

• Draft a written revocation clearly identifying the agreement
• Sign and date the revocation
• Serve the Notice of Revocation on the representative, any alternate representative, and any appointed monitor
• Notify the parent's healthcare providers and any care facility that had the agreement on file

If the Representation Agreement was registered with the Nidus Personal Planning Registry, file a revocation with Nidus as well. This updates the registry so that healthcare providers checking the database see the current status.

What If the Attorney or Representative Refuses to Accept the Revocation?

Service of the Notice of Revocation does not require the attorney's consent or cooperation. If the attorney refuses to acknowledge the revocation, arrange service using a method that provides proof of delivery, such as a process server, and obtain legal advice about any disputed alternative method. The revocation takes effect once it has been properly served, regardless of whether the attorney agrees with it.

If the former attorney continues to act under the revoked document — accessing bank accounts, making decisions, signing documents — this is unauthorized use. The adult or an authorized representative can report the conduct to the Public Guardian and Trustee, who has statutory authority to investigate, and obtain legal advice about recovery and other remedies.

Replacing the Revoked Document

Revocation creates a gap. If the parent still needs someone to manage their finances or make healthcare decisions, a new EPOA and/or Representation Agreement should be executed at the same time as or shortly after the revocation.

Executing a new EPOA or Representation Agreement does not automatically revoke the old one in all cases. It is safer to explicitly revoke the prior document through the formal process and then execute the replacement, rather than relying on the new document to implicitly supersede the old one. Third parties who have the old document on file need to be notified regardless — a new EPOA sitting in a drawer does not stop a bank from processing the former attorney's requests.

Revoking After the Adult Loses Capacity

If the parent has already lost mental capacity, they cannot revoke the EPOA or Representation Agreement themselves. At that point, the options narrow:

• Another family member can apply to the BC Supreme Court to have the attorney or representative removed and replaced, if there is evidence of misconduct or unsuitability
• The Public Guardian and Trustee can intervene if there are concerns about abuse, neglect, or mismanagement
• A court can appoint a committee under the Patients Property Act to replace the existing arrangement

None of these are fast or inexpensive, which is one more reason to get the planning documents right the first time.

For families working through BC's revocation, replacement, and execution requirements, the British Columbia Power of Attorney & Personal Directive Kit includes Notice of Revocation templates, the service requirements for each type of document, and the third-party notification checklist.

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