Revocation of Durable Power of Attorney — The Correct Legal Approach | Attorney Rozil Amir

What is a Durable Power of Attorney and Why Do People Revoke It?

A durable power of attorney is a legal document that allows a person (the principal) to appoint another person (the attorney-in-fact) to manage their financial, medical, or personal affairs, even in the event that the principal loses legal capacity or becomes incapacitated. Unlike a regular power of attorney, which terminates when the principal loses capacity, a durable power of attorney remains in effect even after the principal loses capacity. It is an important tool in family planning and future security, but sometimes it needs to be revoked when circumstances, relationships, or needs change.

Revoking a durable power of attorney is not as simple as revoking a regular power of attorney. It requires a clear legal process, notice to appropriate authorities, and in some cases — court approval. The reasons for revocation can be many: loss of trust in the attorney-in-fact, changes in family circumstances (such as divorce), suspicion of misuse of powers, or simply because the principal has regained capacity and wishes to manage their affairs independently.

When Is Revocation of a Durable Power of Attorney Necessary?

• Loss of Trust: When the principal feels that the attorney-in-fact is not acting in their best interest or is misusing their powers.
• Change in Family Circumstances: Divorce, separation, or a breakdown in the relationship with the attorney-in-fact.
• Restoration of Capacity: When the principal has regained legal capacity (for example, following recovery from illness or restoration of mental capacity) and wishes to resume managing their affairs independently.
• Death or Incapacity of the Attorney-in-Fact: In these cases, revocation is automatic, but formal notice is required.
• Suspicion of Fraud or Exploitation: When there is suspicion that the attorney-in-fact has misused their powers for personal benefit.

In all these cases, professional legal advice is essential to ensure that the revocation is carried out in a lawful manner and without infringing on the rights of either the principal or the attorney-in-fact.

Complete Legal Procedure for Cancellation of Continuous Power of Attorney

Step 1: Legal Review of the Existing Power of Attorney

Before initiating the cancellation procedure, it is essential to examine the existing power of attorney carefully. This includes reviewing its conditions (whether there are specific conditions for cancellation), the date of signature, who the witnesses are, and whether it is registered in the relevant registration office (for example, in the Family Court or with an attorney). This examination will determine the precise method of cancellation.

Step 2: Preparation of an Official Cancellation Document

Cancellation of a continuous power of attorney must be done in writing, in most cases signed by the principal with witnesses (similar to the signature on the power of attorney itself). A clear cancellation document must be prepared stating:

• Full names of the principal and the attorney-in-fact.
• The date of the original power of attorney.
• A clear declaration that the principal cancels the power of attorney of his or her own volition and of free will.
• Signature of the principal with witnesses (usually two independent witnesses).
• The date of signature on the document.

Step 3: Notification to the Attorney-in-Fact

The law requires notification of the attorney-in-fact regarding the cancellation. This can be done by yourself or through an attorney. This notification must be in writing (registered mail, email with read receipt, or direct delivery with a delivery receipt). This is important to ensure that the attorney-in-fact is aware of the cancellation and does not continue to act under powers that no longer exist.

Step 4: Registration of the Cancellation with Authorities

Depending on the type of power of attorney (medical, financial, inheritance, etc.), the appropriate authorities must be notified:

• Banks and insurance companies: Send them a copy of the cancellation so they know not to accept further instructions from the attorney-in-fact.
• Ministry of Health (for medical power of attorney): Notify if the power of attorney included medical powers.
• Wills Registry (for power of attorney related to assets and inheritance): Registration of the cancellation ensures there will be no future issues in matters of inheritance or asset settlement.
• Family Court: If the power of attorney was registered with a court, a request must be filed for its removal from the registry.

Step 5: Application to Court (in Certain Cases)

If the attorney-in-fact objects to the cancellation, or if the principal has already lost legal capacity (and cannot sign a cancellation document), an application must be filed with the Family Court. This application shall include:

• A description of the circumstances of the cancellation.
• Evidence of loss of confidence or misuse (if relevant).
• Witness statements if any.
• Discussion of the procedure and the rights of the parties.

The court will hear the application and render a decision based on the evidence and the law.

Comparison: Different Scenarios and Legal Implications

To better understand the complexity of revocation, let us review several typical scenarios and their implications:

Important Note: The estimated costs are based on market rates in 2026 and may vary depending on case complexity, number of court hearings, and additional expenses such as medical examinations or witness fees.

Additional Costs to Consider

• Court filing fees: Between ₪200 and ₪500, depending on the type of petition.
• Legal expenses: If the court orders either party to pay legal costs to the other party.
• Medical examinations: If revocation is related to loss of capacity, medical examinations and physician reports will incur costs.
• Witness fees: If witness testimony is required in court, fees must be paid for their appearance.

Rights and Obligations: What You Need to Know About Revocation

Rights of the Principal (the Person Who Granted the Power of Attorney)

The principal has an undisputed right to revoke the power of attorney at any time, as long as they possess legal capacity. This is a personal and legal right that protects the individual from abuse of power. The principal may revoke the power of attorney even if the attorney-in-fact objects, and even without a clear reason — they can do so unilaterally. This right protects an individual's freedom and control over their assets and personal affairs.

Furthermore, the principal has the right to demand a full report from the attorney-in-fact regarding all actions taken on the principal's behalf. This includes financial transactions, medical decisions, and more. If there is suspicion of abuse, the principal may sue the attorney-in-fact for damages.

Rights of the Attorney-in-Fact

The attorney-in-fact also has rights. First, they are entitled to receive formal notice of the revocation. Second, if they have reason to believe that the revocation is wrongful (for example, if they claim that the principal no longer possesses legal capacity), they may challenge the revocation in court. Third, if the revocation caused damage to the attorney-in-fact (for example, if they were managing assets in good faith and were suddenly cut off from information), they may sue the principal for damages.

Rights of Third Parties (Banks, Suppliers, etc.)

Banks and insurance companies must update their records when they receive notice of revocation of power of attorney. They cannot continue to accept instructions from the attorney-in-fact after receiving notice of revocation. If they do so by mistake, they may be liable for damages caused to the principal.