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How to Cancel or Change Your Lasting Power of Attorney: A Clear Guide

Published on 
21 Oct 2024

When you create a Lasting Power of Attorney (LPA), you choose someone to make decisions for you if you cannot. Life changes, and so can your needs. If you want to cancel or change your LPA, you can do so by sending a deed of revocation to the Office of the Public Guardian (OPG).

If your circumstances have changed, perhaps your chosen attorney is no longer suitable, or you wish to add another attorney, there are specific steps to follow. You can cancel an existing LPA or make necessary updates by completing the correct forms and notifying the OPG. Knowing how to navigate these changes ensures that your wishes are respected.

Understanding your rights and options regarding your LPA is crucial. Whether you need to cancel, change attorneys, or update any details, it is essential to act while you still have the mental capacity to do so. This knowledge empowers you to maintain control over your legal arrangements.

Understanding Lasting Power of Attorney

Lasting Power of Attorney (LPA) allows you to choose someone to make decisions on your behalf when you cannot do so. There are two main types of LPA, and having mental capacity is vital for creating or changing one.

Types of LPA

There are two main types of Lasting Power of Attorney: Property and Financial Affairs and Health and Welfare.

  1. Property and Financial Affairs LPA allows your attorney to manage your finances. This includes paying bills, managing bank accounts, and making investment decisions. You can give your attorney authority to act as soon as the LPA is registered or only if you lose mental capacity.
  2. Health and Welfare LPA focuses on decisions about your health, care, and living arrangements. This type only becomes active if you lose the ability to make those decisions yourself. Your attorney can decide on medical treatment and where you should live, making it crucial to choose someone you trust.

Importance of Mental Capacity

Mental capacity refers to your ability to make decisions about your life. For an LPA to be created, you must understand the choices you’re making. This means being able to weigh the options and foresee the consequences.

If you lose mental capacity, you can no longer create or change an LPA. It's essential to act while you are still capable. If needed, you can ask the Office of the Public Guardian (OPG) to remove an attorney from your LPA if it’s registered and you have the required mental capacity. Always consult with a professional if you're unsure about your capacity or the implications of your decisions.

Starting the Cancellation Process

To cancel your Lasting Power of Attorney (LPA), you need to follow a clear process. Knowing when you can cancel and how to communicate your decision is essential. The following sections provide important information on these topics.

When Can You Cancel an LPA?

You can cancel your LPA if you still have mental capacity. This means you can understand the decision you are making at the time of cancellation.

To cancel, you will need to create a deed of revocation. This document states that you are ending the LPA. It must include your name, details of the LPA, and your signature.

If you have appointed more than one attorney, remember that you can cancel for just one or all of them. It’s essential to notify the Office of the Public Guardian (OPG) once you’ve completed the deed.

Communicating Your Intentions

Once you decide to cancel your LPA, it is crucial to inform relevant parties. This includes your attorney(s) and the OPG.

You should provide your attorney with a copy of the deed of revocation. This ensures they understand that their authority has ended. If there are any replacement attorneys, inform them too.

To officially notify the OPG, send the original LPA along with your deed of revocation. Always keep a copy of the cancellation documents for your records.

Clear communication helps avoid confusion and ensures that all parties are on the same page regarding the cancellation of your LPA.

Requirements for a Valid Revocation

To revoke a lasting power of attorney (LPA) properly, you need to follow specific steps. This ensures that your revocation is recognised legally. Key elements include using a deed of revocation, notifying involved parties, and ensuring proper witnessing and certification.

Revocation by Deed

To revoke your LPA, create a document called a deed of revocation. This document confirms that you wish to cancel the LPA. You must include:

  • Your name and address.
  • The name and address of your attorney.
  • A statement clearly saying that you revoke the LPA.

Make sure to sign the deed. You should send the original LPA and the deed of revocation to the Office of the Public Guardian (OPG). It is essential to keep a certified copy of both documents for your records.

Notifying Interested Parties

Inform all relevant parties about the revocation. This includes:

  • Your attorney.
  • Any alternate attorneys you have listed.
  • Financial institutions or organisations that were involved with your LPA.

Communication can be done through a written notice. This notice should include the date of revocation and reference your LPA. Keeping these parties informed helps prevent any confusion or unintended actions taken by your attorney after the revocation.

Witnessing and Certification

Proper witnessing is crucial for the validity of your deed of revocation. The document must be signed in the presence of a witness. The witness must be:

  • At least 18 years old.
  • Not a beneficiary or a person involved in your LPA.

Once signed, consider having the deed certified. A certificate provider can confirm your identity and that you understand the revocation process. After completing these steps, ensure you retain certified copies of the revocation deed for your records.

The Role of the Office of the Public Guardian

The Office of the Public Guardian (OPG) plays a crucial role in managing lasting powers of attorney (LPA). They handle the registration, notification, and revocation processes to ensure that your decisions are respected and legally recognised.

Notification and Registration

When you create a lasting power of attorney, it must be registered with the OPG. This registration makes your LPA valid and gives it legal weight. You need to submit the original LPA and any certified copies to the OPG.

You should also provide a return address for the documents. While registering your LPA, the OPG will review it to ensure it meets legal standards. If the LPA is valid, they will add it to their official register.

You can contact the OPG if you have questions about the registration process. Keeping your contact details updated with them is important in case they need to reach you for any reason.

Confirming Revocation

If you decide to cancel an LPA, you must inform the OPG through a deed of revocation. This document officially ends your LPA and must be signed by you.

Once submitted, the OPG will process the revocation. It’s essential to notify anyone who had access to your LPA, such as your attorney or financial institutions.

You can request confirmation of the revocation from the OPG for your records. This ensures that there are no misunderstandings regarding your intentions. Always keep a copy of the revocation deed for your files.

Changes Without Cancellation

Making changes to your lasting power of attorney (LPA) can be straightforward. You can add or remove attorneys without having to cancel the entire document. Additionally, you can use a partial deed of revocation for specific changes.

Adding or Removing Attorneys

If you wish to add an attorney, you typically need to create a new LPA. However, to remove an attorney already named, you can use the LPA005 form. This process is called disclaiming.

If you do not have replacement attorneys, your LPA may come to an end if the original attorney passes away. Ensure you notify the Office of the Public Guardian (OPG) and submit the original LPA along with certified copies. Always keep a record of any communications in case you need to address issues later.

Partial Deed of Revocation

A partial deed of revocation allows you to remove specific parts of your LPA without cancelling the entire document. To do this, you must provide a written statement to the OPG detailing which sections of the LPA are being revoked.

This statement should include your full name, address, and date of birth. The OPG may require you to send the original LPA as well. Once processed, they will confirm your changes. Use this method to maintain control over your LPA while adjusting the roles of your attorneys.

Special Cases and Considerations

There are important situations to consider when dealing with your Lasting Power of Attorney (LPA). Changes can arise from death, divorce, or marriage that directly affect your LPA. Understanding these specifics can help you navigate the process smoothly.

In Case of Donor's Death

If you, as the donor, pass away, your LPA automatically ends. Your attorney will no longer have the authority to act on your behalf. Your family will need to inform the Office of the Public Guardian (OPG) of your death. This also involves providing a death certificate and any necessary paperwork. Ensure that your estate planning documents, such as your will, are in order. It's essential that beneficiaries understand the steps after your passing to settle your affairs properly.

When an Attorney Dies or Divorces

If your attorney dies or goes through a divorce, you may need to make changes to your LPA. If there are no replacement attorneys named in your document, the LPA may end. You must notify the OPG about the attorney's death or change in circumstances. You should submit the original LPA along with certified copies. If you wish to appoint a new attorney, you'll need to fill out fresh LPA forms and ensure they are properly registered with the OPG.

Change of Name or Marriage

If you change your name due to marriage or for any other reason, you need to inform the OPG. To update your name on the LPA, provide a marriage certificate or deed poll as evidence of the change. This ensures that all your legal documents match your current name, preventing confusion in the future. It’s good practice to keep all your documents updated to reflect your name change to ensure smooth administration of your LPA.

Navigating the Court of Protection

Understanding the Court of Protection is essential if you need to make changes to your Lasting Power of Attorney (LPA). This court helps protect individuals who can't make decisions for themselves due to mental incapacity.

When to Approach the Court

You should consider approaching the Court of Protection if you want to change or cancel your Lasting Power of Attorney and are unable to do so directly. This may occur if your attorney is not acting in your best interests or if they have died.

If you face disputes regarding the decisions made by your attorney, the court can help. It’s vital that you still have mental capacity when seeking changes. If you do not, the court will make decisions for you based on your best interests.

You may need to submit a formal application, which includes details about your situation and supporting documents. Make sure to keep records of all correspondence with the court for reference.

The Court's Powers

The Court of Protection has specific powers to ensure that decisions made on your behalf are in your best interests. It can appoint a deputy to manage your affairs if needed. A deputy can make decisions regarding health and financial matters.

The court can also review LPAs. If it finds the LPA is no longer valid or that an attorney is unsuitable, it has the authority to revoke it. This means it can remove an attorney or halt any decisions they are making.

You can ask the court to give directions on how to interpret the LPA. If disputes arise, the court can settle disagreements between attorneys or family members. This judicial support ensures protection for those who cannot advocate for themselves.

Practical Steps After Cancellation

After cancelling your Lasting Power of Attorney (LPA), it’s important to take specific actions to ensure everything is handled appropriately. This includes destroying physical copies and notifying relevant parties about the changes you've made.

Destroying Physical Copies

Once you have cancelled your LPA, you should destroy all physical copies of the document. This includes the original document and any certified copies.

  • Method: Use a shredder to safely destroy the papers.
  • Reason: This prevents any future confusion or misuse.

Keep in mind to also dispose of any documents that reference the LPA. If you have sent any copies to financial institutions or medical providers, consider informing them that the LPA is no longer valid. Ensure that there's no trace left that can lead to misunderstandings.

Updating Relevant Parties

It is crucial to inform relevant parties about the cancellation of your LPA. These parties may include:

  • Banks and Financial Institutions: Notify them that the powers granted under the LPA are revoked.
  • Healthcare Providers: Ensure they are aware of the cancellation so they don't rely on the old document during decision-making.

When you reach out, provide them with your return address for any necessary correspondence. Explain the cancellation clearly, and if needed, offer to send them a certified letter or other relevant documentation. Staying proactive in these communications can help prevent any issues in the future.

Financial Considerations

When dealing with a lasting power of attorney (LPA), it is crucial to understand the financial aspects involved. This section discusses how to handle payments and fees associated with cancelling or changing your LPA and the potential effects on care home fees.

Handling Payments and Fees

Cancelling or changing your lasting power of attorney may involve certain fees. If you decide to create a new LPA, you will need to pay a registration fee. As of now, this fee is £82 for each LPA. If you are revoking your current LPA, there is no fee for sending a partial deed of revocation to the Office of the Public Guardian (OPG).

You should also consider any ongoing costs or expenses that might occur during this process. For example, you may have to pay for legal advice if you are unsure about the changes. It’s wise to keep track of all payments to ensure you stay within your budget.

Effect on Care Home Fees

If you are in a care home or planning to enter one, any changes to your lasting power of attorney can affect your financial situation. Your LPA for property and financial affairs allows your attorney to manage funds for your care.

When your LPA is cancelled or changed, you may temporarily face complications. This can delay the payment of care home fees. If your attorney was responsible for making these payments, you need to appoint a new attorney quickly to avoid unpaid bills.

It's vital to regularly check that your attorney is managing your finances properly to ensure funds for your care are available when needed.

Using Your LPA Until Revocation

While you have a Lasting Power of Attorney (LPA) in place, it is essential to use it responsibly. You need to ensure that your attorney acts within the law and for your best interests. This section focuses on key responsibilities and legal compliance during this period.

Acting as Attorney Responsibly

If you are appointed as an attorney, your role carries significant responsibilities. You must always act in the best interests of the person who created the LPA, known as the 'donor'. You should:

  • Keep Records: Document all decisions made on behalf of the donor, including financial transactions and health care choices. Good records help to ensure transparency.
  • Communicate: Regularly discuss important decisions with the donor, if they can communicate. Their input is crucial, even if they may not have the final say.
  • Avoid Conflicts of Interest: Never benefit personally from decisions made on behalf of the donor. Avoid situations that could be seen as self-serving.

Ensuring Legal Compliance

Legal compliance is crucial when using an LPA. As an attorney, you must follow all relevant laws. You should:

  • Use the Activation Key: If the LPA is registered online, access it using the activation key and reference numbers provided. This ensures you have the correct, up-to-date documents.
  • Know the Limits: You cannot make decisions outside the scope defined in the LPA. Familiarise yourself with the powers granted to ensure compliance.
  • Access Codes: Keep track of any access codes linked to financial accounts. You're responsible for managing these safely and securely while acting on behalf of the donor.

By adhering to these responsibilities and legal requirements, you can effectively use the LPA until it is revoked.

Alternatives to Lasting Power of Attorney

If you are considering options other than a Lasting Power of Attorney (LPA), two significant alternatives include the Enduring Power of Attorney (EPA) and other legal instruments that can help manage your affairs. Understanding these choices will guide you to make the best decision for your needs.

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) allows you to appoint someone to manage your financial affairs. While the LPA is more common now, EPAs still remain valid as long as they were made correctly. You can use an EPA if you became unable to make decisions after the document was created.

Key Features of an EPA:

  • Only covers financial decisions.
  • Must be registered when you lose mental capacity.
  • Provides more limited control than an LPA.

To use an EPA, you must ensure it is correctly completed. You do not need to register it until you lose mental capacity, but it is advisable to keep it safe and inform your attorney.

Other Legal Instruments

You can also consider other legal instruments beyond EPAs and LPAs. These may include:

  • Advance Decisions: This document allows you to refuse specific medical treatments if you cannot communicate your wishes in the future.
  • Court Appointed Deputyship: This is where the court selects someone to manage your affairs if you lack capacity and have not arranged an LPA.

Important Considerations:

  • Each option has different rules and can vary in complexity.
  • You may require legal advice to choose the best option for your situation.

Choosing the right alternative depends on your specific needs and circumstances. Always consider consulting a legal professional for tailored guidance.

Looking for tailored pension advice? Assured Private Wealth provides expert, independent advice. Speak with us today about your pension planning, inheritance tax, or estate planning requirements.

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