WillsRevoking a Lasting Power of Attorney – A comprehensive guide

A Lasting Power of Attorney (LPA) allows an individual (the donor) to appoint someone to make decisions on their behalf (their attorneys) should they no longer have capacity to make their own decisions. However, circumstances may change, and the need to revoke an LPA can arise. This article aims to provide a guide to how an LPA can be revoked.

Reasons for Revocation

There are several reasons why a donor may decide to revoke their LPA. These could include:

• Change in Circumstances: The donor may experience a change in their circumstances, such as a new relationship, a change in financial situation, or a change in health condition, necessitating a revision of the appointed attorneys.
• Loss of Trust or Confidence: The donor may lose trust or confidence in an appointed attorney, making it necessary to revoke their appointment.
• Conflict of Interest: If a conflict of interest arises between the donor and the attorney, it might be appropriate to revoke the LPA.
• Appointment of a New Attorney: The donor may wish to appoint a new attorney or modify the existing powers granted to the current attorneys.

How could an LPA be changed?

If a person wishes to change their LPA, there is no method to amend a signed and registered LPA. The only way to change the LPA would be to revoke the existing LPA and make an entirely new document. To revoke the LPA, they would need to make a written statement called a Deed of Revocation. If a donor has multiple LPAs, they would need to make a Deed per LPA and could not use the one Deed to revoke all of their LPAs.

It may be possible to partially revoke an LPA if the donor is happy with the majority of its terms but wishes to remove part. For example, if they wish to remove one attorney, but have the remaining attorneys remain, they could complete a partial revocation of that attorney’s appointment but have the remaining terms stand. This could only apply if the attorneys’ appointment was on a jointly and severally basis.

The Revocation Process

The revocation process would be as follows.

• A Deed of Revocation should be drawn up including the details of the donor, the details of the attorneys, the date that it was signed by the donor and the date that it was registered, if the LPA was registered with the Office of the Public Guardian (OPG).
• The Deed should then be signed by donor and witnessed. It does not need to be signed by the attorneys.
• The donor must inform the attorneys that it is now revoked.
• If the LPA was registered with the OPG, the LPA and its Deed of Revocation should be sent to the OPG.

Whilst not part of the legal revocation process, the donor should also inform any organisations holding a copy of the LPA that it is now revoked.

If the LPA is unregistered, there is a potential argument that it is unnecessary to formally revoke it with a Deed of Revocation as an LPA isn’t legally created until it is registered. However this would provide little protection to a donor who has lost capacity and there is no written evidence to prove revocation.

Other Methods an LPA May End

An LPA may also end if all the attorneys and replacement attorneys can no longer act. An attorney could no longer act if any of the follow applies:

• The attorney dies;
• The attorney loses capacity;
• The attorney disclaims their appointment;
• The attorney is removed by the Court of Protection;
• For a property and financial affairs LPA, the attorney becomes bankrupt or are subject to a Debt Relief Order;
• In the case of a spouse/civil partner attorney, the marriage or civil partnership ends.

The attorney’s authority will also come to an end on the death of the donor.

Conclusion

Revoking an LPA is a significant legal decision that requires careful consideration and adherence to the process. It is crucial to follow the appropriate steps to ensure the revocation is valid and effectively terminates the powers granted to the attorney.

 

 

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