Can a Lasting Power of Attorney Be Changed or Cancelled?

A Lasting Power of Attorney (LPA) is an important legal document that allows someone you trust to make decisions on your behalf if you are unable to do so in the future.

But what happens if your circumstances change? Perhaps your relationship with your chosen attorney has broken down, your wishes are different, or the person you appointed is no longer the right choice.

The good news is that you can change or cancel a Lasting Power of Attorney — but only if you still have the mental capacity to make that decision.

Can you change a Lasting Power of Attorney?

Once a Lasting Power of Attorney has been registered with the Office of the Public Guardian, it cannot be edited or amended.

If you want to make changes, you will usually need to revoke (cancel) the existing LPA and create a new one that reflects your current wishes.

This might be necessary if:

• your circumstances have changed
• your chosen attorney is no longer suitable
• your relationship with an attorney has changed
• you want different people to make decisions on your behalf
• your wishes about how your affairs should be managed have changed

It is important that your LPA continues to reflect your current situation, as your attorneys may need to rely on it at an important time in the future.

How do you cancel a Lasting Power of Attorney?

Cancelling a Lasting Power of Attorney is known as revoking it.

You can revoke your LPA at any time, provided you still have the mental capacity to understand the decision you are making.

To revoke an LPA, you will need to:

• complete a formal deed of revocation
• notify the Office of the Public Guardian
• tell your attorneys that the LPA has been cancelled

The process must be completed correctly to ensure the cancellation is legally effective.

What happens if you lose mental capacity?

If you lose mental capacity, you cannot make changes to your LPA or cancel it.

At that stage, your appointed attorneys will usually continue to make decisions on your behalf in line with the authority you gave them when creating the LPA.

This is why it is so important to carefully consider who you appoint as your attorney and ensure your LPA is set up correctly from the beginning.

Can an attorney be removed from a Lasting Power of Attorney?

In some circumstances, an attorney can be removed.

If there are concerns about an attorney’s actions, the Court of Protection may become involved and can remove an attorney if appropriate.

However, this is not a simple replacement process, which is why choosing the right attorneys when creating your LPA is so important.

When should you review your LPA?

Although there is no requirement to update your LPA regularly, it is sensible to review it if your circumstances change.

You may want to check your arrangements if:

• your family circumstances change
• you separate from a partner or enter a new relationship
• an attorney is no longer able or willing to act
• your financial circumstances change
• your views about who should make decisions for you change

A review can help give you peace of mind that your wishes will still be followed if your LPA is ever needed.

How Attwells Solicitors can help

Creating a Lasting Power of Attorney is about planning ahead and making sure someone you trust can support you if you are unable to make decisions yourself.

At Attwells Solicitors, our experienced team can help you:

• review your existing LPA
• revoke and replace an LPA where necessary
• create new arrangements that reflect your wishes
• understand your options and make informed decisions

If you are unsure whether your current Lasting Power of Attorney still works for you, we are here to help.

Find out more about Lasting Powers of Attorney or get a quote today.