Enduring power of attorney: acting as an attorney

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Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

  • the donor dies - the enduring power of attorney (EPA) ends automatically
  • you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship
  • you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If you had to make decisions jointly with other attorneys and any of you stop, the enduring power ends automatically. You’ll need to find another way to help the donor make decisions.

If the donor or another attorney dies

You must tell OPG and send them the original EPA and all certified copies.

If the donor or attorney died outside of the United Kingdom, you must also send a copy of the death certificate.

What happens to the existing EPA

OPG will cancel the EPA if the donor dies, or if an attorney dies and either:

  • the attorneys had to make all decisions together - this is called acting ‘jointly’
  • there was only one attorney

A cancelled EPA will be destroyed. If you want OPG to send it back instead, include a note asking for its return along with a return address.

If an attorney dies and the attorneys were able to make any decisions on their own (called acting ‘jointly and severally’), OPG will update the LPA instead. You must include a return address when you send the EPA.

Office of the Public Guardian
customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
Find out about call charges

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

  • the donor - if the EPA has not been registered
  • the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

View a printable version of the whole guide

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