Ending or changing a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you to choose people – often members of your family – who can make decisions on your behalf if you lose mental capacity. You can decide whether your LPA covers:

• financial matters;
• your health and wellbeing;
• or both.

LPAs are a well-established and crucial part of your ongoing lifetime planning – remember, it’s not just the elderly who can lose mental capacity. But circumstances may arise where an LPA needs to be changed or even brought to an end.

Ways an LPA ends automatically

There are situations where your LPA will end automatically. These include:

• the death of your attorney if you have not specified replacement attorneys;
• your attorney losing mental capacity;
• if your attorney is your spouse or civil partner and you divorce, or dissolve your civil partnership;
• your attorney being removed by the Court of Protection;
• if your attorney is a property and financial affairs attorney and is declared bankrupt or subject to a Debt Relief Order (DRO).

If your sole attorney dies, you must advise the Office of the Public Guardian (OPG) and send them:

• a copy of the death certificate;
• the original and all certified copies of the LPA;
• a return address for your documents.

How do I end my LPA?

As long as you have mental capacity, you can end your LPA by sending to the OPG:

• the original LPA; and
• a statement called a ‘deed of revocation’.

The wording for the deed of revocation and details of where it should be sent can be found on the government website.

Can I change my LPA?

If you have mental capacity and wish to remove one of your attorneys, rather than ending the LPA, you can make a partial deed of revocation. Again, suitable wording is available on the government website, together with details of where it should be sent.

You must notify the OPG if an attorney changes their name or address, providing supporting documents such as the marriage certificate, change of name deed or proof of address.

If one of your attorneys dies, you must notify the OPG and provide them with:

• a copy of the death certificate;
• the original and all certified copies of the LPA;
• a return address for your documents.

Important: never make changes to the LPA document itself, as you may cause it to become invalid.