Cancelling your Power of attorney (PoA)

If you decide that you want to cancel / revoke a PoA that is registered with us, you will need to tell us. A PoA can only be cancelled / revoked by you, the granter, if you are capable of making and understanding this decision.

We do not charge a fee to cancel a PoA. 

Can I cancel some of the powers in the PoA?

Yes. If you want to cancel / revoke specific powers in your PoA you must tell us. You can only change your PoA if you i.e. the granter, are capable of making and understanding this decision.

Can I remove an attorney?

You can remove an attorney, where there are joint/substitute attorneys who are to remain in place. You can only make this change if you are capable of making and understanding this decision.

Telling us about cancelling / revoking your PoA or any part of it

You will need to provide us with a revocation notice which clearly states what your intentions are and what you wish to cancel / revoke. Please remember to tell us about the PoA your revocation applies to. The revocation notice can be typed or handwritten and must be signed and dated by you i.e. the granter. There is no set style for this notice.

A revocation certificate (schedule 2) must be sent along with the revocation notice. The certificate can be completed by one of the following:

  • A practising member of the Faculty of Advocates
  • A practising Solicitor who is registered to practice law in Scotland
  • A UK registered and licensed medical practitioner

They must interview you to ensure that you understand what you are doing by revoking the PoA document or any part of it.

Where a substitute attorney is taking the place of a sole or joint attorney, the substitute attorney will need to confirm to us in writing that they are:

  • willing to act;
  • over the age of 16 years and
  • not declared bankrupt, that is if they are to act as a continuing attorney

When we have this information we will update our records and issue a new certificate of registration to the attorneys. We do not charge a fee for this service.

We do charge a fee if the granter wishes to revoke / cancel part of the power of attorney e.g. revoke an appointment or specific powers. Please see the fees payable section for a partial revocation.

Revocation notices contained in a new PoA

If a new PoA contains a clause cancelling / revoking a PoA that was previously registered with us, it must include both a certificate of capacity (schedule 1) and a revocation certificate (schedule 2).

A registration form and fee will be required and should be sent along with the new PoA for registration.