Lasting power of attorney: acting as an attorney

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Changes you need to report

You must tell the Office of the Public Guardian (OPG) if:

  • you or the donor change name or address
  • the donor, or another attorney, dies
  • you start acting as a replacement attorney
  • you choose to stop acting as an attorney

The donor can also report changes to a lasting power of attorney (LPA) if they have mental capacity to make decisions.

If you or the donor change name or address

You must tell OPG if you or the donor changes name and send a copy of the marriage certificate or deed poll that shows the new name. Do not send any original documents.

You must tell OPG if you or the donor changes address, but you do not need to send any supporting documents.

Do not make changes to the LPA document itself, as it might become invalid.

If the donor or another attorney dies

You must tell OPG and send them the original LPA 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 LPA

OPG will cancel the LPA 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 LPA 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 LPA.

If you start acting as a replacement attorney

You must let OPG know when you start acting as a replacement attorney. You’ll also need to send them:

  • the original LPA
  • all certified copies of the LPA
  • a return address for OPG to send your documents back to you

You’ll be able to start helping a donor make decisions as soon as the attorney you’re replacing stops acting.

Check the LPA to see if there are other attorneys you need to make decisions with after you start acting as an attorney.

Contact OPG

Office of the Public Guardian
customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday and 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 email or write to OPG you should include:

  • your full name, address and date of birth
  • whether you are the attorney or the donor
  • the donor’s full name address and date of birth (if you are the attorney)
  • the reference number on your LPA
View a printable version of the whole guide

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