Changing or Cancelling an LPA

A Lasting Power of Attorney can be cancelled, and certain changes can be made while the person who created it - known as the donor - still has the mental capacity to make the relevant decisions.

An existing LPA cannot simply be edited. If an attorney is no longer suitable, the donor may be able to remove that attorney through a formal partial deed of revocation. If they wish to appoint a new attorney or make wider changes, they may need to revoke the existing LPA and create a new one. The appropriate process depends on the circumstances and the donor's capacity.

If a donor loses mental capacity, they generally cannot revoke their LPA or make a replacement themselves. However, the Court of Protection may have powers to address concerns about an attorney or the operation of an LPA.

It is advisable to review a Lasting Power of Attorney when significant life changes occur, such as bereavement, divorce, or a change in family circumstances. If your LPA no longer reflects your wishes, or you no longer trust an appointed attorney, obtaining legal advice promptly is important.

Acting while capacity is retained is essential. Delaying action may mean that the donor can no longer make changes themselves.

At MJV Solicitors, we assist clients with reviewing their Lasting Powers of Attorney and advising on changes, revocation and replacement documents where appropriate.

FAQ

Can I cancel an LPA?
Yes. You can cancel your LPA if you have the mental capacity to make that decision. The process involves a formal deed of revocation and notifying the Office of the Public Guardian where required.
What if I no longer trust my attorney?
If you still have the required mental capacity, you may be able to remove the attorney or revoke the existing LPA and make a new one. The appropriate option depends on your circumstances and the changes you want to make.
How often should I review my LPA?
There is no fixed statutory review interval. It is sensible to review your LPA when your personal circumstances, relationships or wishes change significantly, and to seek advice if the document no longer reflects your intentions.

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.