Revoking Power of Attorney in Nova Scotia: When and How

Your parent appointed a sibling as their attorney three years ago. Since then the relationship has soured, the attorney has made questionable financial decisions, or your parent simply wants someone else handling their affairs. The question that keeps you up at night: can they take it back?

Yes — as long as your parent still has mental capacity. Once capacity is gone, the revocation path narrows dramatically.

Revocation While the Donor Has Capacity

Under the Powers of Attorney Act, any donor with mental capacity can revoke an enduring power of attorney at any time. The revocation must be in writing and signed by the donor. Verbal statements of revocation are not legally binding.

The donor should take these steps:

1. Draft a written revocation stating their full name, the date of the original EPOA, the name of the attorney being removed, and the effective date of revocation.
2. Sign and date the revocation in the presence of a witness (while the Act does not mandate witnessed revocation, having a witness strengthens the evidentiary record if the revocation is later challenged).
3. Deliver written notice to the attorney being removed. Until the attorney receives actual notice of the revocation, they can legally continue to act under the old EPOA.
4. Notify all institutions — banks, the Land Registration Office, investment firms, pension administrators — that the prior EPOA is no longer valid.
5. Execute a new EPOA if the donor wishes to appoint a replacement attorney. The new document must comply with the July 2022 two-witness execution rules.

What If the Donor Has Already Lost Capacity?

A donor who lacks mental capacity cannot revoke their own EPOA — they no longer meet the legal threshold to understand the consequences of revocation. In this situation, concerned family members have two options:

File a complaint with the Public Trustee. Under the Adult Capacity and Decision-making Act, the Public Trustee can receive and investigate formal written complaints about an attorney who is failing in their fiduciary duties or misusing the donor's estate.

Apply to the Supreme Court. A family member can file a motion asking the court to review or terminate the attorney's authority. If the court finds the attorney has acted improperly, it can revoke the EPOA and issue a Representation Order appointing a new representative. Court filing fees start at $218.05, plus legal costs.

When the Attorney Regains Capacity

Nova Scotia law includes a lesser-known safeguard: if a donor who lost capacity subsequently regains it (even temporarily), the attorney must immediately step down and stop managing the finances. The donor resumes autonomous decision-making for as long as their capacity holds.

Replacing vs. Simply Revoking

Revoking without appointing a replacement leaves your parent with no financial representative. If they later lose capacity, the family faces the full Representation Order process — court applications, capacity assessments ($500–$1,500), criminal record checks, and months of delay. Unless there is a specific reason to leave the position empty, revoking and immediately replacing is the safer path.

The Nova Scotia Power of Attorney & Personal Directive Kit includes revocation templates alongside the execution checklists, so your parent can handle both steps in one sitting.

See more Nova Scotia guides →