How long does an LPA last and can it be ended?
13th September 2022 by Kate Mansfield
A Lasting Power of Attorney (LPA) gives legal authority to a trusted friend or relative to make decisions and deal with the affairs of someone unable to do this for themselves.
It is always recommended that people sign an LPA while they have the mental capacity to do so. This means that, should they ever lose this ability, their attorney will be able to step in to help them. An LPA can be signed in respect of property and financial affairs or in respect of health and welfare matters.
Once an LPA has been signed, it can either be registered with the Office of the Public Guardian or stored with other important papers until needed.
It may be the case that where someone has made an LPA in the past, they may wish to end or change it. This is perfectly possible provided they still have the mental capacity to understand the situation and make the decision knowingly.
How to end a Lasting Power of Attorney
To revoke your LPA, you need to have a deed of revocation drawn up. This must have set wording including full details of the original LPA. You can ask an experienced LPA solicitor to draw this up for you. Once it has been signed, it should be sent to the Office of the Public Guardian together with the original LPA.
You will also need to tell your proposed attorney and anyone else who was notified about the existence of the LPA. You should ask your attorney to let you have any copies of the LPA that they hold.
Other situations in which an LPA can be ended
An LPA will end in the following situations:
- Your attorney loses mental capacity or the ability to make decisions
- Your attorney was your spouse or civil partner and you divorce or dissolve your civil partnership
- Your attorney is declared bankrupt or made the subject of a debt relief order – this only applies if they are an attorney under a property and financial LPA, not a health and welfare LPA
- The Court of Protection removes your attorney from their role
- Your attorney dies and you did not appoint a replacement and they were your sole attorney – if you appointed more than one attorney, any remaining attorneys can continue to act
- When you die – from this point on, your executors appointed in your Will are responsible for dealing with your estate
Changing your LPA
If you have more than one attorney and you want to remove one of them, for example, if your original choice has moved away or you think they might struggle to deal with your affairs if they were called upon to do so, you can do this by making a partial deed of revocation. The LPA itself should not be amended as this could make it invalid. Instead, you should send a partial deed of revocation to the Office of the Public Guardian and notify all attorneys as well as those close to you of what decisions you have made.
If you have any further questions relating to LPA’s please contact a member of Laceys Private Client Team on 01202 377984.
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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