A Lasting Power of Attorney (LPA) is often set up with the best intentions and should bring you peace of mind. It lays the groundwork so that if you ever become unable to make decisions about your healthcare and personal welfare or property and financial matters, someone you trust can act on your behalf.
Most people select a trusted family member, a close friend, or even a professional when choosing an attorney. Whoever you choose should be responsible, organised, and able to act in your best interests. You may also choose to appoint more than one attorney, who can act together (jointly) or separately (jointly and severally), depending on the situation.
Unfortunately, sometimes circumstances change, and you may feel the need to find out how to cancel a Lasting Power of Attorney. Perhaps your relationship with your attorney has shifted, you no longer feel confident in their ability to act on your behalf, or your situation has evolved in a way that makes the current LPA no longer suitable.
Why would you need to revoke an LPA?
There isn’t just one reason why you might decide to revoke an LPA. It could be due to a variety of causes, such as:
- Your relationship with the appointed attorney has changed (e.g., a breakdown of trust, divorce, or ending a civil partnership).
- Concerns about your attorney not handling your affairs as expected.
- A lack of confidence in your attorney’s ability to act on your behalf.
- Suspicions that your attorney is misusing their powers. If so, you can revoke the LPA and report this to the Office of the Public Guardian (OPG), who will investigate.
- A change in your circumstances, such as regaining the capacity to make decisions yourself.
- Your financial or personal needs have changed, making the current LPA unnecessary or outdated.
Before you decide to cancel the LPA, it’s worth considering alternatives, such as updating the document to appoint a new attorney instead of entirely revoking it. You can withdraw your LPA at any time, as long as you have mental capacity. The decision will be yours, even if your attorney disagrees. Just make sure to follow the correct legal steps to avoid any issues later on.
Things to Consider Before Canceling a Lasting Power of Attorney
Cancelling a Lasting Power of Attorney is a big decision, and there are a few important things to think about before taking action.
What happens if you no longer have an attorney?
If you lose capacity in the future and haven’t appointed a new attorney, there may be no one legally authorised to act on your behalf. This could lead to complications, including the involvement of the Court of Protection.
Is cancelling the LPA necessary?
You might also want to ask yourself whether cancelling the LPA is necessary. Sometimes, updating your LPA by replacing the attorney rather than entirely revoking it is better. By simply replacing the attorney, you can keep the protections in place while making sure the right person is appointed to manage your affairs.
Would you prefer a Partial Deed of Revocation?
You can use a Partial Deed of Revocation if you have joint attorneys and only wish to remove or replace one. This allows you to revoke the powers of one attorney without cancelling the entire LPA, giving you the flexibility to adjust the arrangement without starting over.
Is your LPA still suitable?
It’s also helpful to check whether the LPA is still useful in its current form. For example, if your property and financial affairs have changed or you’ve sold significant assets, the original LPA might no longer be suitable. Revising the document, instead of cancelling it, could be a better option to fit your current needs.
Do I need a solicitor to cancel a Lasting Power of Attorney?
Sometimes, people question whether they need a solicitor for Lasting Power of Attorney. While it’s not legally required, having one can be beneficial. A solicitor can guide you through the process so all legal steps are correctly followed, and they can help you decide whether to revoke or update your LPA. Their support can provide peace of mind and help prevent potential issues.
Seek Legal Guidance
If you’re unsure whether to cancel or update your LPA, it’s a good idea to discuss your options with your solicitor. They can guide you through the process and help you make the right choice for your situation, making certain that everything is handled smoothly and in line with legal requirements.
If you do decide to change your LPA, it should be entirely your decision who your attorney is, and you should feel comfortable with that choice. You shouldn’t be pressured into appointing someone for the wrong reasons. Your attorney should be someone you trust completely, as they will have significant responsibility for managing your affairs if you lose capacity.
How to Cancel a Lasting Power of Attorney: The Legal Process
If you’ve decided to go ahead and cancel your LPA, there are a few legal steps you need to follow to make sure everything is done correctly.
1. Deed of Revocation
The first step is to create a Deed of Revocation. This is a simple legal document that officially cancels your LPA. It needs to include specific wording to make it clear that you’re revoking the LPA, and it should be signed and dated by you, the donor. Once this document is created, your LPA will no longer be valid.
2. Informing the Attorney and Relevant Parties
Next, you’ll need to tell the person you previously named as your attorney that the LPA is cancelled, and you should give them a copy of the Deed of Revocation. Doing this as soon as possible is important to prevent any confusion about their authority to act on your behalf.
You should also inform anyone involved in managing your affairs, such as your bank or healthcare providers, so they know the LPA is no longer in effect.
3. Registering the Revocation Notice with the Office of the Public Guardian
Lastly, you must notify the Office of the Public Guardian (OPG) to recognise the cancellation officially. You’ll need to send the OPG a copy of the Deed of Revocation along with any necessary paperwork they need. A small fee may be involved, and they’ll confirm when the revocation has been processed.
What happens after the LPA is revoked?
Once your Lasting Power of Attorney has been revoked, your attorney’s powers are no longer valid. This means they can no longer make decisions on your behalf about your healthcare, financial matters, or both, depending on the type of LPA you had in place.
If you haven’t appointed a new attorney, you’ll need to think about who will manage your affairs in the future if you lose capacity. Without an LPA, you might face a situation where there’s no one legally authorised to make decisions for you. In such cases, the Court of Protection may need to step in to appoint someone to act on your behalf. This can be a more time-consuming and costly process than having an LPA in place.
If your circumstances have changed and you no longer need the support of an attorney, that’s perfectly fine – revoking the LPA is a way to bring everything up to date. But if you think you might need support in the future, it’s a good idea to consider setting up a new LPA so that your wishes are clear and legally recognised.
Submitting a New LPA
If you’re planning on cancelling your current LPA but think you may need support in the future, setting up a new Lasting Power of Attorney is straightforward. You must choose a new attorney, complete the necessary forms, and register the LPA with the Office of the Public Guardian.
Since registration can take up to 10 weeks, it’s a good idea to get the ball rolling before cancelling the current one to avoid being left without cover. This crossover will make certain that your wishes are legally recognised and that you have someone you trust to manage your affairs if needed.
Thinking About Cancelling Your LPA? Talk to Us First.
Cancelling a Lasting Power of Attorney is a decision not to be taken lightly. We’ll help you understand your options so you feel confident that you’re making the right decision.
Our team is here to guide you through every step of the process, from initial legal advice to registering your revocation notice. And if you’d rather amend your LPA or start afresh, we can do that, too, so your needs and wishes are respected.
Contact us today, and one of our power of attorney solicitors will be in touch.
Revoking an LPA FAQs
Can the attorney revoke a power of attorney?
No, only the donor (the person who created the Lasting Power of Attorney) may revoke an attorney from an LPA document. However, an attorney can choose to step down from their role if they no longer wish to act on your behalf. If the attorney resigns, you’ll need to update your LPA to appoint a new one.
Can the Court of Protection cancel an LPA?
Yes, the Court of Protection can cancel an LPA if there are concerns about the attorney’s actions or if they are found not to be acting in the donor’s best interests. The Court may intervene if a complaint is raised or the Office of the Public Guardian finds evidence of misconduct during their investigations.
What do I do if someone can no longer act as my LPA?
If your attorney can no longer act on your behalf due to illness, incapacity, or any other reason, you will need to either update your current LPA or create a new one. You can appoint a replacement attorney to make sure someone is still authorised to manage your affairs.
If your attorney passes away, you don’t need to formally revoke the LPA, as it becomes invalid due to their death. You would just need to set up a new LPA with a new attorney.
Can I nominate a temporary replacement attorney if my attorney is unavailable?
No, you can’t appoint a temporary stand-in under a Lasting Power of Attorney (LPA). However, you can set up your LPA to be joint and several, meaning your attorneys can act independently of each other. This way, if one attorney is unavailable, such as being out of the country, the other can still make decisions on your behalf, guaranteeing that someone can always manage your affairs.
Are there any circumstances where an attorney can no longer be an LPA?
Yes, an attorney can lose their position if they are no longer suitable to act on your behalf, i.e. they become bankrupt (for financial LPAs), lose mental capacity, or are disqualified by the Court of Protection due to misconduct. In these cases, you must decide whether to cancel or update your LPA.
Should I cancel a General Power of Attorney before getting a Lasting Power of Attorney?
No, you don’t need to cancel a General Power of Attorney (GPA) before setting up an LPA. A GPA automatically ends if you lose mental capacity, whereas an LPA continues even if you can no longer make decisions. Many people choose an LPA for its long-term security.
Can a lasting power of attorney be revoked verbally?
No, a verbal revocation is not legally binding. To properly revoke a Lasting Power of Attorney, you must provide a written statement called a ‘deed of revocation’. You must notify your attorney and the Office of the Public Guardian to make the revocation official.