Lasting Powers of Attorney: Can I cancel an LPA or remove named attorneys?

If you’ve made a Lasting Power of Attorney (LPA), or you’re looking to make one soon, you may understandably have questions about cancelling your LPA or changing your Attorneys should your circumstances changes in the future.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a document that can be prepared by any person (known as the ‘Donor’), to appoint people named as ‘Attorneys’, who make decisions in relation to their property and financial affairs or health and welfare decisions (or both).

The Attorneys can make decisions on behalf of the Donor if the Donor loses mental capacity to decide independently. Alternatively, if a Donor wishes their Attorneys to act on their behalf whilst they do still have capacity, then they must authorise this. Before the power under a Lasting Power of Attorney can be used by Attorneys, the Lasting Power of Attorney must be registered at the Office of the Public Guardian.

Can I cancel my Lasting Power of Attorney?

If a Donor is unhappy with their named Attorneys, or they no longer want a Lasting Power of Attorney in place, then the Donor can cancel the document – subject to them having mental capacity to do so. The Donor would need to send a form of revocation to the Office of the Public Guardian.

A Lasting Power of Attorney can also end due to other events. Examples include; if the named Attorneys lose mental capacity; if the Attorney and Donor were spouses and have since divorced; or if an Attorney becomes bankrupt (in relation to the Property and Financial Lasting Power of Attorney). 

Can I change my Lasting Power of Attorney?

If a Donor wanted to include more Attorneys, then they would need to prepare a new Lasting Power of Attorney, naming all Attorneys in the document.

If a Donor wished to remove an Attorney, then a partial deed of revocation can be sent to the Office of the Public Guardian. This would allow the other named Attorneys to continue acting on the Donor’s behalf. However, if the Donor only had one Attorney named, then this would result in the Lasting Power of Attorney being cancelled.

If you’re looking to make a Lasting Power of Attorney, our specialist Wills & Probate team can help. Please call 0113 201 4900 or email wills.probate@emsleys.co.uk.