Exploring the Process of Revoking a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) serves as a powerful legal tool that enables individuals, known as donors, to appoint trusted representatives, their attorneys, to make decisions on their behalf when they are no longer able to do so. While LPAs are crucial for safeguarding your interests, there may come a time when circumstances change, necessitating the revocation of an LPA. In this article, we'll walk you through the reasons for revocation and the steps involved in the revocation process.
Reasons for Revocation
1. Change in Circumstances
Life is dynamic, and your situation may evolve over time. Whether it's a new relationship, alterations in your financial status, or changes in your health, these shifts may require a reevaluation of your appointed attorneys.
2. Loss of Trust or Confidence
Trust is the bedrock of any attorney-donor relationship. If you find yourself questioning the integrity or competence of your chosen attorney, it may be prudent to revoke their appointment.
3. Conflict of Interest
Should a conflict of interest rear its head between you and your attorney, it might become necessary to revoke the LPA to protect your best interests.
4. Appointment of a New Attorney
Your preferences might change, and you may wish to appoint a different attorney or modify the powers granted to existing ones. In such cases, revocation becomes essential.
How to Change an LPA
When you decide to change your LPA, remember that you cannot simply amend an already signed and registered document. Instead, you must revoke the existing LPA and create a completely new one. Here's the process:
1. Deed of Revocation
To initiate the revocation process, you need to draft a document known as a "Deed of Revocation." This document should contain essential details, such as your information, attorney details, the date of your signature, and the registration date if the LPA was registered with the Office of the Public Guardian (OPG).
2. Signature and Witness
Sign the Deed of Revocation, and ensure it is properly witnessed. Importantly, the attorneys are not required to sign this document.
3. Inform Your Attorneys
It's essential to inform your appointed attorneys that their designation has been revoked.
4. Notify the OPG (If Applicable)
If your LPA was registered with the OPG, you must send both the LPA and its Deed of Revocation to the OPG for processing.
Aside from these legal steps, you should also communicate the revocation to any organizations that possess copies of your LPA.
Partial Revocation
In some cases, you may wish to retain certain aspects of your LPA while revoking others. For instance, if you want to remove one attorney but keep the remaining ones, you can partially revoke the appointment of that attorney, leaving the other terms intact. This option applies when the attorneys were appointed on a jointly and severally basis.
Other Methods an LPA May End
An LPA may also come to an end through various circumstances:
If all attorneys and replacement attorneys are unable to act due to reasons such as death, loss of capacity, or disclaiming their appointment.
If the Court of Protection removes an attorney.
For a property and financial affairs LPA, if the attorney becomes bankrupt or is subject to a Debt Relief Order.
In the case of a spouse/civil partner attorney, if the marriage or civil partnership ends.
The donor's passing will also terminate the attorney's authority.
Conclusion
Revoking an LPA is a significant decision that should be approached with careful consideration and adherence to the proper procedures. Following the outlined steps ensures the validity of the revocation and the effective termination of the powers previously granted to your attorneys.
If you ever find yourself in a situation where revocation is necessary, consult with our experts to guide you through the process smoothly and protect your best interests.
Colin Barrett is a Director & Principal Estate Planner at Peritum Wills.
Ancojada wills Limited trading as Peritum Wills is not authorised or regulated to provide financial advice.
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