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Partial LPA Revocation

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After an LPA has been signed, it could be several months or years before the document is registered with the Office of the Public Guardian (OPG), or before they even need to be used. During this time the circumstances may change, and the donor may decide that he/she no longer wishes for one or more of their attorneys to act on their behalf, or an attorney may decide they no longer wish to act. In exceptional cases, an attorney may believe that another attorney is no longer trustworthy and does not wish that attorney to act. The solution to these issues can depend on the exact circumstances at the time, such as if the donor has capacity or not, or if the LPA is registered. If the donor still has the capacity to make decisions, and the LPA is unregistered, they have two choices. They could write a Partial Deed…

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How Attorneys Can Act

How Attorneys Can Act

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Where a client is wishing to appoint multiple attorneys or replacement attorneys, it should be considered how these attorneys are to act. Multiple attorneys can either act jointly, jointly and severally or jointly in some matters and jointly and severally in others. Attorneys acting jointly must make decisions for the donor together and must all agree. Attorneys acting jointly and severally on the other hand can either act together or independently. Attorneys may also act jointly in some matters and jointly and severally in others. An example of this being where a donor wishes the attorneys for the Property and Affairs LPA to act jointly in relation to matters worth over £10,000 and to act jointly and severally in all other matters. On first glance, attorneys acting jointly seems very desirable. It provides an extra safeguard as all must act together and agree on the action, restricting the possibility for…

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

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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 formal revocation. 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….

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