A general power of attorney (‘Generalvollmacht’/’General- und Vorsorgevollmacht’) are among the most important tools in advance care planning. They enable you to grant a trusted person comprehensive decision-making powers over medical, financial and legal matters should you yourself no longer be capable of acting. However, life circumstances change – and with them, sometimes, your trust in the authorised representative. In such cases, the question arises: how do you effectively revoke a lasting power of attorney?

There are various reasons for revoking a lasting power of attorney (also known as a general and lasting power of attorney).

When is revocation advisable or necessary?

The most common are as follows:

• The relationship of trust between the principal and the attorney-in-fact has changed.
• The attorney-in-fact is no longer suitable for the role for health or personal reasons.
• There is a new person in the principal’s life who is to take on responsibility.
• The content of the existing power of attorney no longer reflects the principal’s own wishes.

As a general rule, an existing general power of attorney or enduring power of attorney may be revoked at any time. This also applies to powers of attorney that have been notarised. However, this is subject to the condition that the principal remains legally competent. Furthermore, various steps must be taken to revoke the power of attorney.

Formal requirements: How is a lasting power of attorney revoked?

1.    Revocation vis-à-vis the authorised representative

Firstly, the power of attorney must be revoked vis-à-vis the authorised representative. This is a simple declaration for which there are, in principle, no formal requirements. Nevertheless, for reasons of proof, it is advisable to document the revocation in writing or by email. It should be clearly stated which power of attorney is affected and from what date the revocation is to take effect.

2.    Return and destruction of the power of attorney document

It is particularly important for the (no longer) authorised person to return the power of attorney document if the authorised representative actually has this document in their possession. This document has legal validity and remains effective for as long as the authorised representative can produce it. Third parties, such as banks, may – provided they are unaware that the power of attorney has been revoked – rely on the power of attorney remaining in force.

But which document should be reclaimed?

• If the power of attorney was merely granted in writing or notarised, this original document must be reclaimed from the authorised representative.

• If the power of attorney has been notarised, any copies of the power of attorney that may have been issued must be reclaimed from the authorised representative. The power of attorney document itself will indicate whether it is a copy. In cases of doubt, the notary who handled the notarisation at the time can ascertain who received copies and how many. Requesting the return and – ideally – the destruction of such copies prevents misunderstandings and protects against misuse.

If the return of the original power of attorney or a copy is refused, or if the handover is delayed, relevant institutions and individuals should also be informed of the revocation of the power of attorney (e.g. banks, insurance companies, public authorities). This prevents the revoked power of attorney from continuing to be used in the meantime.

3.    Additional measures for powers of attorney drawn up by a notary

If the enduring power of attorney was drawn up before a notary, it is also advisable to formally revoke the power of attorney with the notary. After all, the notary is often instructed to issue a new copy of the power of attorney at the request of the attorney-in-fact. If the revocation of the notarised enduring power of attorney is arranged with the notary, this will also be entered in the Central Register of Enduring Powers of Attorney maintained by the Federal Chamber of Notaries. Furthermore, the revocation will be noted on the original copy of the power of attorney document. This ensures that no further copies are issued to the attorney-in-fact.

Conclusion: The revocation of a lasting power of attorney is legally possible at any time, but should be carried out and documented promptly. From drafting the revocation and reclaiming the original document to informing all parties involved, several steps must be followed to prevent misuse and legal uncertainties. This ensures that your end-of-life arrangements remain reliable and protected at all times.