Revoking Power of Attorney Saskatchewan

The Basic Rule

A grantor who made an enduring power of attorney (EPA) in Saskatchewan can revoke it at any time while they still have the capacity to understand the nature and effect of the EPA and the effect of terminating it. The revocation must be clear, deliberate, and properly communicated to everyone who needs to know about it.

Under The Powers of Attorney Act, 2002, the formal mechanism for revoking an EPA is Form J (Revocation of Enduring Power of Attorney). The grantor completes and signs the form. Serve it on the relevant parties promptly so they have notice and can update their records.

Who Must Be Notified

Signing Form J is only half the process. The revocation must be formally served on:

• All former attorneys — the people whose authority is being revoked
• Every financial institution where the EPA was registered — banks, credit unions, investment firms

Also send a copy to any government agency or other organization that has the EPA or a related authorization on file — such as the CRA (if AUT-01 authorization was submitted) or Service Canada (if a certified copy was filed for CPP/OAS management). If the Saskatchewan Health Authority has relied on the attorney for care coordination or placement decisions, notify it as well.

Until the former attorneys and relevant institutions receive notice of the revocation, they may reasonably continue to rely on the original document. Notify all affected organizations promptly so they have the revocation on file.

When Revocation Isn't Possible

If the grantor no longer has the capacity to understand the nature and effect of the enduring power of attorney and the effect of terminating it, they cannot revoke it personally. The relevant legal test is whether the person understands what the EPA does and the effect of terminating it.

This means the grantor cannot personally change the attorney once they no longer have that capacity. If family members believe the current attorney is mismanaging the parent's affairs or acting against their interests, the route is a court application to have the attorney removed. The court can appoint a different family member, or in cases of serious conflict, the Public Guardian and Trustee.

Revoking a Health Care Directive

Health care directives are easier to revoke than powers of attorney. Under The Health Care Directives and Substitute Health Care Decision Makers Act, 2015, a maker can revoke a directive by:

• Executing a new directive (which automatically supersedes the old one)
• Physically destroying the document
• Making an oral declaration to a healthcare provider

No specific form is required for revoking a health care directive. Give the revocation or new directive to the proxy, doctor, and family members who hold copies so they can follow the current version. The key requirement is that the maker has capacity and communicates their revocation clearly.

Common Scenarios

Parent wants to change attorneys. If your parent is unhappy with their current attorney or family circumstances have changed (divorce, falling out, geographic relocation), they revoke the current enduring POA with Form J and execute a new one appointing a different person. Both steps require capacity.

Sibling conflict. One child was appointed attorney, and other siblings believe that child is not acting in the parent's best interests. If the parent still has capacity, they can revoke and reappoint. If not, the concerned siblings must apply to the court for the attorney's removal.

Parent granted POA under pressure. If there's evidence that a parent signed an enduring power of attorney under duress or undue influence, an interested party can apply to court to have the enduring power of attorney ended.

The Saskatchewan Power of Attorney & Personal Directive Kit includes the Form J revocation process and a notification checklist to ensure all relevant parties are properly served.

See more Saskatchewan guides →