How to Revoke a Power of Attorney Used Overseas

To revoke a power of attorney used overseas, you usually sign a formal revocation, often before a notary with a DFAT apostille, and then give notice of it to your attorney and to everyone relying on the power, such as banks and registries in that country. The foreign country's rules decide the details.

Key takeaways

• Revocation is usually governed by the law of the country where the power operates, and by the terms of the power itself.
• Most revocations are made by a written revocation, which for overseas use is often signed before a notary and apostilled.
• Revocation only protects you once the attorney and third parties know. Notify them promptly, in writing.
• If the power was registered or deposited abroad, the revocation may need to be registered in the same place.
• Take advice from a lawyer in the other country, because rules and forms differ widely.

Why is revoking an overseas power of attorney different?

A power of attorney used overseas is normally a foreign document in substance, even if you signed it in Australia: it was drawn up to meet another country's requirements, so that a bank, land registry or notary there would act on it. Revoking it is therefore mainly a question for that country's law, which decides how a revocation must be made, who must be told, and from when it takes effect against the people who rely on the power.

In some countries a simple signed letter is enough; in others, the revocation must be made in the same form as the original power, for example before a notary, and registered with the office that recorded it. Because the details vary so much, get the wording and instructions from a lawyer or notary in the country concerned before you sign anything. Our guide to international powers of attorney explains how these documents are usually made.

What does a revocation usually say?

A revocation identifies the power being revoked as precisely as possible: its date, the parties, the notary or office that prepared or registered it, and any reference number. It then states clearly that the power is revoked, from a stated date, and that the attorney no longer has authority to act. Where the power covered particular property or accounts, the revocation often names them too.

It may also ask the attorney to return the original power and any documents they hold. If you are appointing someone new, that is usually done in a separate new power of attorney rather than in the revocation itself, so that each document is clear on its own.

Does the revocation need to be notarised?

Often, yes, for a power used overseas. Many countries expect a revocation to be made in the same form as the original power, and if the original was notarised and apostilled, the revocation usually needs to be too. Even where the law does not strictly require it, a foreign bank or registry is far more likely to act on a revocation it can verify.

In Australia, the notary checks your identity and that you understand the revocation, witnesses your signature and attaches a notarial certificate. DFAT then adds an apostille for Convention countries, or an authentication followed by embassy legalisation for others. Check the country's position on the HCCH status table, and see our guide to notarising a power of attorney.

Who needs to be told?

A revocation protects you only once the people who might rely on the power know about it. An attorney who has not been told may keep acting, and a bank or buyer who dealt with the attorney in good faith, before learning of the revocation, may be protected by local law. So notice matters as much as the revocation itself.

Send notice in writing, with a copy of the revocation, and keep proof of delivery. For banks and registries, ask what form of notice they accept: some want the original revocation, notarised and apostilled; some accept a copy; some have their own form. Our guides to overseas bank accounts and sending legal documents overseas cover the practical side.

What if the power was registered overseas?

In some countries, a power of attorney used for land or other registered property must be registered or deposited with a land registry, notary or public office before the attorney can act. Where that happened, the revocation usually has to be registered in the same place, so that anyone checking the register sees that the power has ended. Until then, a third party relying on the register may still be entitled to deal with the attorney.

Ask the lawyer or notary in the country concerned whether the original power was registered and, if so, how the revocation is recorded and what it needs, such as an apostille and a sworn translation. That step is easy to overlook when you are dealing with it from Australia.

Situation	What usually needs to happen
Power used only with a bank	Signed revocation and written notice to the bank, in the form it accepts
Power registered for land abroad	Revocation in the required form, registered where the power was registered
Power held by a foreign notary	Revocation sent to that notary, often notarised and apostilled
Attorney refuses to return the original	Notice to third parties becomes even more important; get local advice
Replacing the attorney	Revoke the old power and sign a new one, as separate documents
Australian enduring power	Follow your state's own revocation rules; a domestic process

Should you revoke before or after appointing someone new?

If you need someone to keep managing your affairs abroad, think about the gap. Revoking the old power before a new attorney is in place can leave nobody able to deal with a bank, a tenant or a sale in progress. Often the better order is to sign the new power first, have it accepted by the bank or registry, and then revoke the old one, notifying everyone at the same time. Your local lawyer can advise on the right sequence for your situation.

What about Australian powers of attorney?

An Australian enduring or general power of attorney, used for assets in Australia, is revoked under the law of the state or territory where it was made, and each has its own forms and rules, including where a power has been registered with a land titles office. That is a domestic process and does not usually involve a notary or DFAT. If you hold both an Australian power and a foreign one, revoking one does not automatically revoke the other: deal with each under its own rules. Our guide to powers of attorney covers the Australian side.

What happens if you lose capacity or die?

Whether a power of attorney survives your loss of capacity, and what happens on your death, depends on the law that governs it and on its terms. Many foreign powers of attorney end if the person who made them loses capacity, unless they were made as enduring or lasting powers under that country's law. Almost all end on death, after which the estate is dealt with by executors or administrators. If you are revoking a power because your circumstances are changing, speak to a lawyer about what should replace it.

How do you prepare a revocation from Australia?

1. Find the original power or a copy, with its date, parties and any registration details.
2. Get the revocation wording and instructions from a lawyer or notary in the country concerned.
3. Sign before an Australian notary, and have DFAT apostille or authenticate it if required.
4. Arrange registration and translation abroad if the power was registered there.
5. Notify the attorney and third parties in writing, keeping proof of delivery.

What does this look like in practice?

Here is an illustration, not a real case. Helen, in Adelaide, gave her cousin a power of attorney to manage a rented apartment in Portugal. The power was notarised in Australia, apostilled and deposited with a Portuguese notary. The arrangement has broken down, and Helen wants to end it.

Her Portuguese lawyer sends revocation wording in Portuguese and English and explains that it must be notarised, apostilled and lodged with the same Portuguese notary. Helen signs before a notary in Adelaide, DFAT adds the apostille, and she couriers it to the lawyer, who lodges it. She also writes to her cousin and to the Portuguese bank, enclosing copies, and appoints a property manager under a new power.

In short

Revoking a power of attorney used overseas follows the law of the country where it operates. Usually you sign a formal revocation, often before an Australian notary with a DFAT apostille, register it where the power was registered, and notify the attorney and everyone relying on the power in writing. Get the wording from a lawyer in that country first, and deal with any Australian power under its own state rules.

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Need to revoke a power of attorney used overseas? Send us the power and the instructions you were given, and we will explain each step before you book.