Looking to alter or end a Lasting Power of Attorney?
4th May 2022 by Kate Mansfield
A Lasting Power of Attorney or LPA is a document that gives legal authority to someone to deal with your affairs on your behalf, should you ever be unable to do this yourself.
It is recommended that everyone consider putting one in place so that, should anything happen, your loved ones have the reassurance of being able to look after you.
You can put two types of LPA in place, one in respect of your health and welfare and one in respect of your property and financial affairs. You can hold on to your unregistered LPA until it is needed but best practice is to register it with the Office of the Public Guardian (OPG) and then store it safely with your other important documents so that it is ready to use immediately if it is needed.
Over time you may want to change the arrangements you have made. We look at how you can alter or end a Lasting Power of Attorney once it has been registered with the OPG.
When an LPA ends automatically
In some instances, an LPA will end automatically. These include:
- If the person you have appointed to be your attorney dies or loses the mental capacity to act
- If your chosen attorney is your spouse or civil partner and you divorce or dissolve your partnership
- If your property and financial affairs attorney is declared bankrupt or is the subject of a Debt Relief Order
- If the Court of Protection removes your attorney, for example, where they are not acting in the best interests of the person who appointed them
If your chosen attorney has died and your LPA had been registered, the OPG should be notified. They will need to see a copy of the death certificate and also be sent the original LPA document.
Choosing to end an LPA
There are several reasons you may want to revoke an LPA, including the following:
- You would prefer to appoint someone else, for example, because your relationship with your chosen attorney has changed or you have found someone you believe will be better placed to take on the role
- You believe your attorney might struggle to deal with your affairs because of their own health issues or age
- Your attorney has moved away
You can revoke a registered LPA by making a written deed of revocation and sending it to the OPG with the original LPA. Any attorneys appointed under the LPA must also be notified.
Changing the details of an LPA
You can choose to remove just one attorney, where you have appointed more than one, by signing a partial deed of revocation. Again, both the OPG and the attorney in question should be notified.
If you wish to end or alter a Lasting Power of Attorney, this should be done while you have mental capacity and it is important to follow the correct procedure. A solicitor who specialises in LPAs will be able to make sure that the right documentation is signed and that notifications are dealt with to ensure that the changes are able to take effect.
If you would like any further information or wish to discuss LPAs please contact Kate Mansfield or a member of our team on 01202 377800.
Kate Mansfield
Partner — Private Client
Direct dial: 01202 377853
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“We have had the pleasure of Kate’s sensitive and unwavering professional support for a number of years. She has always been able to combine her deep expertise, with practical context and a tone of voice that gently escorts you through, often difficult decisions. We could not recommend Kate highly enough, both professionally and personally.”
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“Kate was extremely knowledgeable, straightforward to deal with as well as sympathetic during what was a difficult time. I felt in good hands!”
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“We were treated with respect and felt our wishes were taken in consideration. The patience shown in helping us understand the implications of decisions was outstanding.”
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“Very efficient and welcoming. Understood my access requirements and my unique concerns thoroughly.”
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“Mrs Mansfield has been exemplary in every respect. She is an excellent listener and has the ability to explain complex issues patiently and emphatically. We are fortunate in having her as our legal adviser.”
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“Professional, always available for a phone enquiry. Always informed me as thing's progressed. Excellent company with very pleasant and helpful front of house. My sincere thanks.”
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“Kate took the trouble to understand the particularities affecting my Will and found sensible ways of dealing with them.”
Kate is a Partner in our Private Client Team and has 25 years’ experience in private client work, specialising in wills, tax planning and estate administration. Kate has worked in this area since she qualified and has assisted thousands of families and individuals.
Kate qualified as a solicitor in 1995 after obtaining a 2.1 in Law from the University of Kent. She completed her training contract with Laceys and became a partner in 2002.
Kate is a full member of the Society of Estate and Trust Practitioners (STEP) and sat on the STEP committee for 6 years. She has also taught on the Legal Executives course at Bournemouth & Poole College.
Kate enjoys the personal side of the work and the satisfaction of assisting the bereaved and families with complex affairs, whether it be complex financial aspects or those where a diplomatic hand is required. She prides herself on being able to explain the legal position in plain English.
Out of the office she enjoys keeping fit. She enjoys going to the gym and getting out into the Dorset countryside on her road bike. Cooking, particularly baking, is also a passion.
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