Protection of Personal and Property Rights Act 1988, ss 100A, 106

Yes. So long as you’re still mentally capable, you can change or cancel (“revoke”) an enduring power of attorney at any time.

Changes to an EPA should be done in writing, in a document that’s signed and witnessed in the same way that the original EPA was witnessed (see: “How to create an enduring power of attorney”). However, it doesn’t have to be witnessed by the same person who witnessed the original EPA.

You can cancel the EPA simply by giving your attorney a written notice saying this. You can also suspend the EPA temporarily if you were mentally incapable for a time but have now regained mental capacity (see: “What happens if I get back my ability to make decisions?”).

The processes are different depending on whether you change, cancel, or replace your EPA, so get advice from a lawyer about which option best suits your situation and how to follow the correct process for it.

If you cancel your EPA, make sure you notify any bank or other institution that’s likely to be affected.

Protection of Personal and Property Rights Act 1988, ss 95A, 104–106

An enduring power of attorney stops having any effect if:

• you revoke the EPA or the attorney’s appointment under the EPA while you have mental capacity, by giving a written notice to the attorney (if you’ve made a new EPA that revokes the earlier one, you can simply give a copy of the new EPA to the old attorney)
• you die (your attorney has no ongoing power to deal with your estate (your property) after you die)
• the attorney states in writing that they no longer want to act as your attorney (a “notice of disclaimer”)
• your attorney dies, loses mental capacity, or goes bankrupt
• you had appointed two or more joint attorneys, and one of them dies, goes bankrupt or loses their own mental capacity (see: “Can I appoint multiple attorneys?”)
• the Family Court cancels the EPA (see below).

Protection of Personal and Property Rights Act 1988, s 105

The Family Court must cancel your attorney’s appointment if the judge agrees that:

• you were pressured or tricked into appointing the attorney, by unfair influence or fraud, or
• the attorney isn’t suitable for the role, taking into account, in particular, their relationship with you.

The Family Court can – but doesn’t have to – cancel your attorney’s appointment if the judge agrees that:

• what your attorney is doing or planning to do isn’t in your best interests, or
• they haven’t consulted with or given information to the people you had named for this purpose in your EPA.