- September 2, 2016
- By Nicola Gunn
- 0 comments
What if I change my mind about my lasting power of attorney? How can I bring it to an end?
Provided you are still able to make your own decision (i.e. you have “mental capacity”) you can bring your lasting power of attorney (LPA) to an end, even if it has been registered. This could be because you no longer need it, or you want to make a new one.
You need to prepare a written statement called a “deed of revocation” and send it to the Office of the Public Guardian with the original LPA documents. The deed of revocation will need to set out your personal details, as well as the details of the type of LPA(s) you have entered into, the date it was entered into and the details of your attorney. Your signatures will need to be witnessed and the witness will need to provide their name and address.
You need to let your attorney(s) know that you are bringing the LPA to an end.
An LPA can also come to an end if your attorney dies, loses mental capacity themselves, divorces you/ends your civil partnership (if you attorney is your spouse/civil partner), or if they are removed by the Court of Protection. The Court of Protection may remove your attorney if there is a concern that they have abused their position. This could involve making unauthorised gifts to themselves or third parties and/or not acting in your best interests.
If you have a property and financial affairs LPA, this may also come to an end if your attorney becomes bankrupt.
If you have appointed more than one attorney to act “jointly and severally” the remaining attorney(s) can continue to act. However, if you have appointed more than one attorney to act only “jointly” the LPA will come to an end if one of them is unable to act. It is, therefore, a good idea to nominate people to replace your attorney(s) in case they cannot act on your behalf anymore.
If you die, your LPA will end automatically. Your financial affairs will then be dealt with by your executors or personal representatives. You should specify in your Will who you would like to become the executor of your estate. If you do not have a Will, it will be determined by the law of intestacy. If you want to decide how your estate should be distributed in the event of your death, it is very good idea to have a Will drawn up.
If you need any assistance in setting up an LPA, our experienced Court of Protection team will be happy to assist.
Please see related posts from Nicola on whether you need an LPA, how to make an LPA, what type of decisions can be made under an LPA, who to appoint as an attorney, and how an LPA differs from an enduring power of attorney.