ADIS Code - AGR
If the appointor no longer requires the services of the appointed guardian to make decisions on his or her behalf, and has the legal capacity to do so, he or she can revoke the appointment by completing the form prescribed in Schedule 2 Guardianship Regulation 2010:
Revocation of appointment of enduring guardian
"I, [name, address and occupation] revoke the appointment of [name of the enduring guardian or enduring guardians] as my enduring guardian.
I understand that this revocation will not be effective unless the enduring guardian is or has been given written notice of the revocation.
Signature:
Date: ...".
And if a person signs this instrument on another persons's behalf
[insert the name and address of the person who signs this document]
Certificate of Witness
"I, [insert name address and occupation] certify that [insert name of person revoking appointment] appeared to understand the effect of this instrument and in my presence:
(a) executed the instrument voluntarily, or
(b) voluntarily instructed [insert name of person signing on behalf of person revoking appointment] to sign the instrument on his or her behalf and that person executed the instrument in my presence.
Signature:
Date:".
See s6H Guardianship Act 1987; cl. 6 Guardianship Regulation 2010. For definitions.
The revocation does not have to be registered to take effect. The appointor must give written notice to the guardian that the appointment has been revoked. Mention of revoke all other enduring guardianship appointments previously given in the appointment of guardianship does not itself revoke previous appointments.
Only the NSW Civil and Administrative Tribunal can make changes to the appointment where the appointer has lost the capacity to do so.
The original appointment of guardian is not required.
Lodgment requirements
Stamp duty - Not required.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Appointment of Guardian - Revocation of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered appointment of guardian.
(D) Indexing - The appointor.
(E) Certification - Required.
Noting - Required where the guardianship is not registered.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full name (initials are acceptable), address and occupation of the appointor is required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby revoke ...".
Principal Deed: required. The number of the affected appointment of guardian as stated in the revocation must be identical to the number stated on the IPF.
Execution: by the appointor. The guardian does not have to sign.
Certificate Of Witness: must be completed by a solicitor, barrister or Clerk of the Local Court, see the form set out above.
IPF: must be completed
Staff processing information
A revocation of appointment of guardian where the appointment has not been registered must be entered under the General Frame, ie code "G", with a Noting: "Revocation of unregistered appointment of guardian dated ...". Enter the appointor as a Vendors entry.
If not completed advise the lodging party. The revocation of appointment may be registered if insisted upon.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: required. The registered appointment of guardianship.
V: the appointer, and any variations thereof.
P: nil.