How do I revoke or cancel a power of attorney for property in Ontario?
In Ontario, you can revoke a power of attorney for property at any time, as long as you have the mental capacity to do so. You do not need to give your attorney a reason.
The proper way to revoke a power of attorney is to sign a written Notice of Revocation. This is a formal document stating that you are cancelling the power of attorney, and it should identify the original document by date. The notice must be signed by you before a witness. Once signed, you should serve it on your attorney so they are aware their authority has ended. If the power of attorney was used for real estate transactions, you should also register the revocation at the applicable Land Registry Office to put third parties on notice.
Informally telling your attorney that you no longer want them to act is not sufficient to protect you legally — third parties who are unaware of the revocation may still be able to rely on the original document. Making a new power of attorney that expressly revokes all prior ones is another common approach, but again, notifying the old attorney and relevant institutions is still important.
A lawyer can help you prepare the revocation documents and advise on notification steps.
Key takeaways
- You can revoke a POA at any time while you have mental capacity
- A written Notice of Revocation must be signed and served on the attorney
- Register the revocation at the Land Registry Office if real estate was involved
- Making a new POA that revokes prior ones is also common