Reasons for Revocation
Various reasons might prompt a donor to consider revoking their LPA:- Change in Circumstances: Changes in relationships, financial situations, or health conditions may necessitate revising the appointed attorneys.
- Loss of Trust or Confidence: If the donor loses trust or confidence in an appointed attorney, revocation becomes necessary.
- Conflict of Interest: Instances where a conflict of interest arises between the donor and the attorney may warrant LPA revocation.
- Appointment of a New Attorney: The donor may wish to appoint a new attorney or modify existing powers granted to current attorneys.
How to Change an LPA
Changing an LPA involves revoking the existing document and creating a new one. A written statement called a Deed of Revocation is essential for this process. If the donor has multiple LPAs, a separate Deed of Revocation is required for each LPA. Partial revocation may be possible if the donor wants to remove specific terms without revoking the entire LPA.The Revocation Process
The step-by-step revocation process involves:
- Drafting a Deed of Revocation: Include donor and attorney details, along with LPA registration information if applicable.
- Signing and Witnessing: The donor signs the Deed, which requires witnessing. Attorneys are not required to sign it.
- Informing Attorneys: The donor must notify the attorneys of the revocation.
- Submission to OPG (if applicable): If the LPA is registered, the Deed of Revocation, along with the LPA, should be sent to the Office of the Public Guardian (OPG).
Additionally, the donor should inform organizations holding copies of the LPA about its revocation.
Other Methods of LPA Termination
Apart from revocation, an LPA may end if:
- All attorneys and replacement attorneys are unable to act due to various reasons.
- An attorney dies, loses capacity, disclaims their appointment, or is removed by the Court of Protection.
- For financial LPAs, the attorney faces bankruptcy or a Debt Relief Order.
- In the case of a spouse/civil partner attorney, the marriage or civil partnership ends.
The attorney’s authority ceases upon the donor’s death.
How to Cancel an LPA with the Office of the Public Guardian
To cancel an LPA, the donor must send the original LPA and a written statement known as a ‘deed of revocation’ to the Office of the Public Guardian (OPG). This must be done in writing, and the deed must follow a prescribed format. The donor must still have mental capacity for this process.
REPORT A CONCERN REGARDING AN ATTOrNEY
To report a concern, you have two options:
- Utilize the concern raising form at https://www.gov.uk/guidance/report-a-concern
- Send a written letter, email, or call the Office of the Public Guardian.
Using the concern raising form generally results in a quicker response.
Regardless of the method chosen, your report should include the following details:
- The donor or client’s information, encompassing their full name, address, and date of birth.
- The date when you initially observed the concern.
- Any supporting evidence you possess, such as financial records.
- Information regarding the mental capacity of the donor or client, including copies of any mental capacity reports or the names of individuals who may have such reports.
- Your contact details.
Even if you lack some of this information, you can still proceed to report a concern.
Upon receiving your report, the Office of the Public Guardian will assess whether it holds the legal authority to conduct an investigation.
Contacting the Office of the Public Guardian
- Email: opg.safeguardingunit@publicguardian.gov.uk
- Phone: 0115 934 2777
- Textphone: 0115 934 2778
- Hours: Monday to Friday, 9 am to 5 pm; Wednesday, 10 am to 5 pm
- Correspondence Address: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH
Can the Court of Protection Cancel an LPA?
Yes, if the donor has lost mental capacity, then the Court of Protection (CoP) has the power to revoke an LPA. This would typically be in circumstances where the LPA was made fraudulently or with the donor under duress. Also, the CoP may revoke an LPA where the appointed attorney(s) has/have acted outside of their authority or in a manner that is not in the best interest of the donor.
Can an Attorney Cancel an LPA?
Indirectly, yes, your chosen attorney(s) can also ‘cancel’ your LPA. If you have just one appointed attorney, the LPA will automatically end if that appointed attorney themselves loses mental capacity or dies. This is true also where you have appointed an attorney on a joint basis (as opposed to joint and several), and any one or more of those joint attorneys loses capacity or dies.
An attorney may also ‘disclaim’ their appointment, which may, in itself, indirectly bring the LPA to an end if:
- Sole attorney – they were the only attorney and there is no replacement attorney being appointed.
- Joint appointment – the appointment was joint (as opposed to joint and several).
The donor must follow the protocol to ensure the LPA is canceled correctly.
What is a Deed of Revocation?
The deed of revocation must be in writing and follow this prescribed wording:
“This deed of revocation is made by [your name] of [your address].
- 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 the first attorney] of [address of the first attorney] and [name of the second attorney] of [address of the second attorney] to act as my attorney(s).
- 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 the witness]
Full name of witness [name of the witness]
Address of witness [address of the witness]”
Can my Certificate Provider Cancel my LPA?
No, the person who acted as your certificate provider when you made the LPA cannot cancel it on your behalf.
How to Cancel an Enduring Power of Attorney
There are significant differences between an EPA and LPA, and this includes how they are canceled. This guide looks at how to cancel an LPA.
Check out the ‘What’s the difference between an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA)?’ article for more information.
What do I Send to Cancel the LPA?
You must send the original LPA and deed of revocation to the Office of the Public Guardian (OPG) to cancel your LPA.
In summary, the cancellation of an LPA involves a structured and documented procedure, ensuring compliance with legal requirements to effectively revoke the granted powers.