Can a Lasting Power of Attorney be revoked?
Making Lasting Powers of Attorney (LPAs) enables you to appoint people you trust to make decisions about your property and financial affairs and health and welfare if you were to become unable to make these decisions yourself.
Once an LPA has been signed, it is not possible to make any amendments to it. However, if there is a change in your circumstances and you want to change when or how your attorneys can act, whether they can give or refuse consent to life sustaining treatment or to add or remove preferences and instructions, then as long as you have mental capacity, you can cancel an existing LPA and make a new one.
It might also be necessary to revoke an LPA if you want to change your attorneys. A change of attorney could be needed due to the death, ill health or relocation of an attorney, if you become concerned about whether the attorneys are acting in your best interests, or if your relationship with them deteriorates. If you were unable to appoint a child or grandchild because they were under 18 when you made your LPA, then you might want to change attorneys once they become adults.
An LPA can be cancelled whether or not it has been registered with the Office of the Public Guardian. To cancel the LPA, you would need follow the following process:
1. Sign a deed of revocation
This is a written statement which must be signed and dated in the presence of a witness and include:
- Your name and address
- Details of the LPA which is being cancelled
- A statement that you wish to revoke the LPA and the authority granted by it
2. Inform the Office of the Public Guardian
If the LPA has been registered, you would need to send the original Lasting Power of Attorney, any certified copies of the Lasting Power of Attorney which have been made, and the deed of revocation to the Office of the Public Guardian.
The Office of the Public Guardian will then mark the Lasting Power of Attorney cancelled, remove it from the register and return the cancelled document.
3. Notify the attorneys
To ensure that a cancelled LPA is not used inadvertently, you must tell the attorneys that it has been revoked. It would be sensible to send them a copy of the deed of revocation or the cancelled LPA so that they can see that the LPA has already been revoked.
4. Inform any organisations with which the LPA has been registered
It is important to notify any organisations such as banks, wealth management companies and your GP surgery with which the LPA has been registered that it has now been cancelled so they no longer accept the authority of the attorneys.
If the only change required is to remove an attorney, this can be done either using a partial deed of revocation or by the attorney signing a disclaimer and sending this to the Office of the Public Guardian.
It is not necessary to revoke an LPA and make a new one if your name or address, or the name or address of an attorney, changes. However, the Office of the Public Guardian should be informed of any changes to personal details so that the register is kept up to date.
If you are considering revoking an LPA, it is always a good idea to consult a legal professional such as a member of The Association of Lifetime Lawyers. They will be able to advise on the process and assist with the practicalities.