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Revoking a Lasting Power of Attorney or an Enduring Power of Attorney

Occasionally, a donor may review their Lasting Power of Attorney or Enduring Power of Attorney and realise that their circumstances have changed since the documents were signed, and will therefore wish to change them. To achieve this, these documents would need revoking.

With an Enduring Power of Attorney, the process is simple. As the document will not have been registered previously, the Office of the Public Guardian’s guidance states that a Deed of Revocation is required. This Deed will require the details of themselves and all the attorneys appointed. This includes full names and addresses. The Deed will also need to specify the date the donor granted Power of Attorney to the attorneys, i.e. the date signed. This will need to be signed and dated by the client and then witnessed by an individual independent from the Enduring Power of Attorney and kept with the Enduring Power of Attorney. It is also advisable for the avoidance of doubt, ‘Cancelled’ is written over each page.

Lasting Power of Attorney can be slightly more complex as these can be registered at any time. If the Lasting Power of Attorney is unregistered, revoking it requires the same procedure of an Enduring Power of Attorney. However, if the Lasting Power of Attorney is registered, again a Deed of Revocation will be required, but this must also include the date the document was registered. The registration date can be found on the front page of the Lasting Power of Attorney. Once this is signed and witnessed, the Deed and the Lasting Power of Attorney will need to be sent to the Office of the Public Guardian to officially cancel the document. There must be one Deed per Lasting Power of Attorney, one deed cannot cover a Property and Affairs and Health and Welfare. In a case where either the donor or the attorneys have changed address, the donor can simply provide a covering letter to explain the change.

In all cases, the donor must notify their attorneys of the revocation for the avoidance of doubt.

 

 

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