Don’t want your Powers of Attorney to last? Here’s what you can do…
Posted on 2nd August 2022 at 09:41
Although they are called ‘Lasting Powers of Attorney’, it is possible to change or end your powers of attorney after they are created, provided you still have the relevant mental capacity. This gives you, the donor, more power to decide who will be responsible for managing your affairs.
Removing an attorney
If you have made and registered a lasting power of attorney and you decide that you no longer want one of your attorneys to act, you have the power to remove them.
Provided you still have mental capacity, you can ask the Office of the Public Guardian (OPG) to remove an attorney – this is done by way of a ‘partial deed of revocation’.
Ending your lasting power of attorney
You also have the power to end your lasting powers of attorney altogether whilst you have mental capacity.
To do this you must send to the OPG:
• The original Lasting Power of Attorney documents
• A written statement – known as a ‘deed of revocation’
You must also end your existing lasting powers of attorney and create new ones if you wish to add additional attorneys.
Other ways in which your lasting powers of attorney can end
• Your attorney loses mental capacity and is unable to act
• Your attorney is your spouse or civil partner, and you get divorced
• Your attorney becomes bankrupt
• Your attorney is removed by the Court of Protection
• Your attorney dies and you have no replacement(s)
• Your lasting powers of attorney will automatically end when you die. Your affairs will then be managed by your executors or personal representatives from that point
It is important to never make changes to your lasting power of attorney documents yourself, as this may invalidate the documentation.
If you are considering changing or ending your lasting powers of attorney, we would be more than happy to assist you in this matter.
At Avery Walters our team of specialists can provide advice about Wills, Lasting Powers of Attorney, Trusts and Probate.
Contact us on 0113 2007480 or email us on info@averywalters.com to arrange your free initial, no obligation consultation with a specialist.
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