Revoking a Power of Attorney in Ireland — What You Need to Know

There are many reasons why someone might want to revoke (cancel) a Power of Attorney in Ireland — a breakdown in trust with the attorney, changed circumstances, or simply a wish to appoint someone different. This guide explains how to revoke both a General Power of Attorney and an Enduring Power of Attorney in Ireland.

Revoking a General Power of Attorney

A General Power of Attorney can be revoked at any time by the donor, provided they still have mental capacity. To revoke:

1. Execute a Deed of Revocation — a written notice signed by the donor revoking the attorney's authority
2. Serve the Deed of Revocation on the attorney
3. Notify any third parties (banks, solicitors, etc.) who were relying on the original power

Once properly revoked and notified, the attorney has no further authority to act.

Revoking an Enduring Power of Attorney

An EPA can also be revoked by the donor, provided they still have capacity. Because EPAs are registered with the Decision Support Service, the revocation must also be notified to the DSS. The steps are:

1. Execute a Deed of Revocation (a Cork solicitor prepares this)
2. Notify the attorney of the revocation
3. Notify the Decision Support Service — the DSS removes the EPA from the register
4. Notify any relevant third parties

Can You Revoke an EPA After Losing Capacity?

No. Once you have lost mental capacity, you can no longer revoke an EPA yourself. However, the EPA can be revoked by the Decision Support Service if it finds the attorney is abusing their position, acting in bad faith, or otherwise failing in their duties.

What If the Attorney Wants to Resign?

An attorney under an EPA can resign their role by notifying the DSS and the donor. If there is a substitute attorney named in the EPA, the substitute takes over. If not, and if the donor lacks capacity, a court application may be needed to appoint a new decision supporter.

Replacing an Attorney on an EPA

If you have capacity and want to change your attorney (not just revoke the power entirely), you have two options:

• Revoke the existing EPA and make a new one with your preferred attorney
• If the EPA contains provision for substitution, activate the substitute

Why Keeping Your EPA Current Matters

Life changes — relationships break down, people move away, or lose the ability to act as attorney. Review your EPA every few years to ensure your attorney choice remains appropriate. A Cork solicitor can advise on revocation and replacement quickly and at modest cost. See: EPA Cork — Main Guide.