How to Revoke a Power of Attorney in the NWT

When Revocation Comes Up

A power of attorney is not permanent and it is not irrevocable. Under the Powers of Attorney Act, the donor (your parent) can revoke a power of attorney at any time, as long as they still have the mental capacity to understand what revocation means.

Common scenarios where NWT families revoke a POA:

• The attorney is mismanaging finances. Bills are going unpaid, accounts show unexplained withdrawals, or the attorney is refusing to provide financial records.
• Relationship breakdown. The person named as attorney has become estranged from the family, or the donor no longer trusts them.
• Replacing with a new attorney. The donor wants to appoint a different family member — perhaps an adult child who has moved back to the NWT and is now better positioned to manage affairs locally.
• The original POA was poorly drafted. Errors in the original document (wrong witness, missing Affidavit of Execution) make it simpler to revoke and execute a fresh one than to try to cure the defects.

The Revocation Process

Revoking a power of attorney in the NWT requires the donor to have capacity — the same standard that applied when they signed the original. If your parent has lost capacity, they cannot revoke; at that point, a concerned family member must apply to the court or contact the Office of the Public Trustee if financial exploitation is suspected.

Assuming your parent has capacity:

1. Draft a formal written Notice of Revocation. The notice should clearly state the donor's full legal name, the date of the original POA, the name of the attorney being removed, and the effective date of revocation.

2. Sign and date the notice.

3. Notify the attorney in writing. The revoked attorney must be informed that their authority has ended. Send written notice — a registered letter creates a paper trail, though hand delivery with a signed acknowledgment works too.

4. Notify every institution that has the POA on file. This is the critical step that families often miss. If you registered the original POA with banks, investment firms, the land titles office, or any other institution, each one needs to receive formal notice of revocation so it can update its records and stop relying on the old authority.

5. Execute a new POA if needed. If the revocation is about replacing an attorney rather than eliminating the POA entirely, draft and sign a new power of attorney with the new attorney. Follow the full execution process: eligible witness, Affidavit of Execution, and bank registration.

What If the Attorney Won't Cooperate

The attorney's cooperation is not required for revocation. Give the attorney written notice; if they continue to transact after receiving notice of the revocation, contact the Office of the Public Trustee.

If there is evidence that the attorney is continuing to use the POA after revocation, or if the revocation is motivated by suspected financial exploitation, contact the Office of the Public Trustee in Yellowknife. The Public Trustee has statutory authority to audit the estate and intervene to protect the parent's assets.

Revocation and Capacity Loss

There is a narrow but important timing issue. If your parent revokes a POA and then loses capacity before signing a new one, the family is left with no financial authority at all. The only path forward at that point is applying for a court-ordered trusteeship — the same five-month, $3,000 to $7,000+ legal-representation process, plus assessment, filing, and service costs, that a POA was meant to avoid.

If your parent is revoking in order to appoint a new attorney, execute both the revocation and the new POA in the same session. Complete the new POA's witnessing, Affidavit of Execution, and bank registration before relying on it.

The NWT Power of Attorney & Personal Directive Kit includes both the execution templates and guidance on the revocation process, including the notification letters for banks and financial institutions.

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