Revoking a Lasting Power of Attorney

Revoking a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows an individual (the donor) to appoint one or more trusted people (known as attorneys) to make decisions on their behalf, should they lose the capacity to do so themselves. However, there may be circumstances where the donor wishes to change or revoke the LPA.

How Can an LPA End?

An LPA may come to an end if:
  • The attorney loses mental capacity
  • The attorney is the donor’s spouse or civil partner and the relationship legally ends (unless stated otherwise in the LPA)
  • The attorney becomes bankrupt or subject to a debt relief order (for property and financial affairs LPAs)
  • The Court of Protection removes the attorney
  • The attorney dies
There are several reasons why a donor might choose to revoke an LPA, including:
  • Appointing a new attorney- The donor may wish to change why they have appointed or adjust the powers granted.
  • Conflict of interest - If the attorney stands to benefit from decisions made on behalf of the donor, a conflict may arise.
  • Loss of trust -  The donor may no longer feel confident in the attorney's actions, especially if the relationship has broken down or the attorney has failed to act in the donor’s best interests.
  • Change in personal circumstances - Changes such as a new relationship, children, or declining health may prompt a review of the LPA.
  • Misconduct or abuse - If there is any suspicion of the attorney misusing their authority, the donor may decide to revoke the LPA entirely.

How to Revoke an LPA

An LPA can only be revoked if the donor still has the mental capacity to make that decision.

To formally revoke an LPA, the donor must:

1. Prepare a Deed of Revocation
2. Send the original LPA and the deed to the Office of the Public Guardian (OPG)

In cases where attorneys are appointed jointly and severally, the donor can also partially revoke the LPA—for example, removing one attorney while allowing others to remain in place.

It is essential that the donor notifies all attorneys and any organisations holding a copy of the LPA about the revocation.

Revoking an LPA is a significant decision. Understanding your options fully before taking action is crucial.

For expert guidance on creating or revoking a Lasting Power of Attorney, contact our team today.
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