Can I change my Lasting Power of Attorney if I fall out with my Attorneys?
Posted on 29th February 2024
Lasting Powers of Attorney (LPAs) are powerful legal documents that allow an individual (the donor) to appoint one or more people (attorneys) to make decisions on their behalf should they lose the capacity to do so themselves. These decisions can relate to financial affairs, health, and welfare. Understanding how LPAs work, how they can be revoked or cancelled, and the steps involved in these processes is crucial for ensuring that your wishes are honoured and your interests are protected. This blog post explores the workings of LPAs, the revocation process, and what to do when the donor passes away, written by our expert Lasting Power of Attorney Solicitors in Preston.
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Understanding Lasting Powers of Attorney
LPAs come in two forms: one for financial decisions and another for health and care decisions. The financial LPA allows the attorney to handle the donor’s finances and property, while the health and care LPA covers decisions about healthcare and personal welfare.
How do Lasting Powers of Attorney work?
Creation:
The process involves choosing an attorney or attorneys, completing the LPA form, all parties signing the form, and then registering it with the Office of the Public Guardian (OPG). The LPA must be registered before it can be used, even if the donor still has capacity.
Registration:
The financial LPA can be used as soon as it’s registered, with the donor’s permission, while the health and care LPA can only be used once the donor has lost the capacity to make their own decisions.
How do I cancel a Lasting Power of Attorney?
There are several reasons why you might want to revoke an LPA, ranging from no longer needing it, wanting to appoint a different attorney, or due to a breakdown in the relationship with the current attorney. Here’s how LPAs can be partially or fully revoked:
Partial Revocation
If you have appointed more than one attorney and wish to remove one, you can partially revoke the LPA by specifying which attorney’s powers are being revoked. This does not affect the powers of the remaining attorneys. There is a legal process to follow for partially revoking a Lasting Power of Attorney, and you should seek advice from Lasting Power of Attorney Solicitors in Preston before partially revoking your LPA to ensure it is done correctly, otherwise you could invalidate your whole LPA.
Full Revocation
To fully revoke an LPA, the donor must have the mental capacity to make this decision. The process involves:
Informing the Attorneys:
The donor should inform the attorneys of their intention to revoke the LPA. There is a procedure for how this should be done, so seeking legal advice is essential.
Deed of Revocation:
Creating a written statement, known as a deed of revocation, declaring the revocation of the LPA. Again, there is a prescribed format for a deed of revocation, which needs to be adhered to for the deed to be effective.
Notifying the OPG:
The deed of revocation should be sent to the Office of the Public Guardian alongside the original LPA to remove the LPA from the register.
How to cancel a Lasting Power of Attorney after the donor has died
When the donor dies, the LPA can no longer be used, the attorney’s authority automatically ending on the donor’s death. Here’s what needs to happen next:
Notify the OPG:
The attorney or the executor of the estate should notify the Office of the Public Guardian of the donor’s death by sending a copy of the death certificate and the original LPA document (if available).
Estate Administration:
Responsibility for the donor’s affairs transfers to the executor of their Will or the administrator of their estate, not the attorney under the LPA.
Lasting Powers of Attorney are essential tools for planning for the future, but it’s equally important to know how they can be changed or cancelled if circumstances evolve. Whether partially revoking the powers of one attorney, fully revoking the LPA, or handling the cancellation of the LPA upon the donor’s death, understanding the correct procedures ensures that the donor’s wishes are respected throughout their lifetime and beyond.
For those considering making significant changes to their LPA or dealing with any of the above processes, contact our Lasting Power of Attorney Solicitors in Preston for expert legal advice. Call 01772 783314 or email wills@mglegal.co.uk.
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