December 13, 2024
Lasting Powers of Attorney (LPA) are vital legal documents that allow individuals (known as donors) to appoint trusted persons (known as attorneys) to make decisions on their behalf in case they become incapacitated. However, life circumstances can change, leading to the necessity to revoke or amend an LPA. In this blog, we will explore the reasons and procedures for revoking an LPA, ensuring that you are well-informed and prepared for any changes you might encounter.
Before discussing revocation, let’s first clarify what an LPA is. An LPA allows you to grant authority to someone you trust to make financial or health-related decisions on your behalf if you become unable to do so. There are two types of LPAs:
1. Property and Financial Affairs LPA: This allows your attorney to manage your financial matters, including paying bills, managing bank accounts, and making property decisions.
2. Health and Welfare LPA: This enables your attorney to make decisions about your health care and welfare, including medical treatment and living arrangements.
Several situations may arise that prompt you to consider revoking a Lasting Power of Attorney. Here are some common reasons:
1. Appointing a New Attorney
Life changes, such as the emergence of new relationships or the loss of trust in the current attorney, can motivate a donor to appoint a new attorney.
2. Conflict of Interest
A conflict of interest may arise when an attorney stands to gain financially or otherwise from a decision made on behalf of the donor. In such cases, revocation may be necessary.
3. Loss of Trust or Confidence
If a donor feels that their attorney is not acting in their best interest—whether due to poor decision-making or a breakdown in the relationship—the donor may choose to revoke the LPA.
4. Change in Circumstances
Changes in personal circumstances, such as a shift in health status, a new relationship, or a change in family dynamics, may warrant a revision or revocation of the existing LPA.
5. Misconduct or LPA Abuse
In situations where the donor suspects that the attorney is abusing their position or not acting ethically, revocation of the LPA is crucial to protect the donor’s interests.
Revoking an LPA is a significant decision that must be made with careful consideration. Here’s a step-by-step guide on how to revoke an LPA:
Step 1: Ensure Mental Capacity
It is essential that the donor has the mental capacity to revoke the LPA. If there are any doubts about the donor’s mental capacity, it would be wise to seek legal advice.
Step 2: Prepare a Deed of Revocation
The donor must draft a written deed of revocation. The deed should contain the following elements:
– The donor’s name and address
– Details of the original LPA, including the date it was signed and the names and addresses of the attorneys
– A clear statement revoking the LPA
– The donor’s signature and date of signing
– A witness’s signature, full name, and address
This deed of revocation is made by [your name] of [your address].
1: I granted a lasting power of attorney for property and financial affairs/health and welfare (delete as appropriate) on [date you signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).
2: I revoke the lasting power of attorney and the authority granted by it.
Signed and delivered as a deed [your signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]
Step 3: Submit the Revocation to the Office of the Public Guardian
Once the deed of revocation is completed, it must be sent to the Office of the Public Guardian (OPG) along with the original LPA. This step is crucial to ensure that the revocation is legally
Step 4: Notify the Attorneys and Relevant Parties
The donor should inform all attorneys involved and any organizations that hold a copy of the LPA about the revocation. This ensures that all parties are aware that the attorney no longer has authority to act on behalf of the donor.
Step 5: Consider Partial Revocation
In some cases, it may only be necessary to revoke one attorney from a joint LPA while retaining the other. This is known as partial revocation. Ensure that the deed of revocation clearly states which attorney is being revoked.
Revoking an LPA is a significant decision that can impact your future. Here are some essential points to consider:
– Seek Professional Advice: If unsure about revoking an LPA or the implications of doing so, it’s advisable to seek professional advice from an estate planning practitioner or legal expert.
– Understand Your Options: Before taking action, understand the options available to you and the potential consequences of revoking your LPA.
– Keep Records: Maintain a copy of the revocation deed and any correspondence with the OPG for your records.
Revoking a Lasting Power of Attorney is a crucial process that protects your interests and ensures that decisions made on your behalf reflect your current wishes. At Matrix Estate Planning Limited, we are dedicated to providing compassionate and professional guidance in estate planning matters for elderly and vulnerable clients.
If you are considering revoking an LPA or need assistance with any estate planning concerns, please do not hesitate to contact Graham Hinitt, our experienced estate planning practitioner.
For further advice on making or revoking an LPA, speak to one of our members today. You can find a member in your area by searching our Find a Member page or calling our offices on 01522 687 888.
