Revocation of Power of Attorney: Why, How and When?
A Lasting Power of Attorney (LPA) is an important legal document. It allows you to appoint those you trust, the attorneys, to look after your financial affairs or health and welfare. Health and Welfare attorneys can only make decisions when you no longer have capacity. For property and financial affairs attorneys can act for you while you have capacity with your consent, or, if you lose capacity they must act in your best interests.
It is your attorney’s duty to make decisions in your best interest, however there are a number of cases where you may wish to end your LPA; otherwise known as a revocation of Power of Attorney.
What is a revocation of Power of Attorney?
A revocation of Power of Attorney, also referred to as a deed of revocation, is a legal document that is signed by the person who granted the power of attorney.
The document ends the responsibilities given to the attorney in the original LPA document meaning the attorney can no longer make decisions on their behalf.
Why would you revoke a Power of Attorney?
You can revoke a Power of Attorney for any reason, as long as you have the mental capacity to do so.
Reasons to do so may include:
- You no longer trust the person you appointed as your attorney
- You have found a more suitable person to act as your attorney
- Your attorney has relocated and you wish to choose someone more readily available
An LPA may also automatically end if your appointed attorney:
- Passes away and there are no other attorneys
- Loses their mental capacity
- Is your husband, wife or partner and you get a divorce or end your civil partnership
- Becomes bankrupt or subject to a Debt Relief Order (DRO)
- Is removed by the Court of Protection
How do you revoke a Power of Attorney?
If you have the mental capacity to make the decision, you can end your LPA by creating a written statement, a deed of revocation, and sending it to the Office of the Public Guardian (OPG), along with the original LPA document so it’s removed from the register. You cannot revoke a Power of Attorney verbally.
In order for your revocation to come into effect, the deed must be signed by the person who granted the LPA and the attorney must be notified, with plenty of notice.
If you have appointed more than one attorney, you may wish to remove just one attorney. This can be done by sending a written statement, a partial deed of revocation, to the OPG.
When can you revoke a Power of Attorney?
You can revoke a Power of Attorney at any given time, as long as you still have mental capacity.
Specialist Power of Attorney Solicitors
Our Power of Attorney Solicitors at Hepburn Delaney can guide you through the process of revoking a Power of Attorney and provide you with expert advice with your best interests in mind. Our solicitors can advise you on the revocation and the creation of a new LPA if necessary, as well as draft the deed of revocation and send it to the Office of the Public Guardian for you to ensure the entire process runs smoothly.
If you would like further information about arranging or revoking a Power of Attorney, please do not hesitate to get in touch today.