Use a lasting power of attorney
When a lasting power of attorney ends
A lasting power of attorney (LPA) can end in several ways. Usually it ends because the donor has died. You must report the death of a donor to the Office of the Public Guardian (OPG).
There are also ways that an LPA can end while the donor is alive.
Stopping before the donor dies
You can choose to stop acting as an attorney - sometimes called ‘disclaiming an attorneyship’.
There are also some cases in which the law requires you to stop acting as an attorney.
Any replacement attorneys listed in the LPA will take over if you stop.
If there are no replacements, there may be other ways to help the donor make decisions.
If you choose to stop being an attorney
Fill in and send a notification form to:
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the donor - if the LPA has not been registered
-
the donor and OPG (at the address on the form) - if the LPA is registered
-
any other attorneys appointed on the LPA
When you must stop acting as an attorney
You must stop acting as an attorney if:
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the donor takes you off their LPA - sometimes called ‘revoking an attorney’
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you lose mental capacity and cannot make decisions any more
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you’re a property and financial affairs attorney and you become bankrupt or subject to a debt relief order
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you’re married to or in a civil partnership with the donor and you get a divorce or an annulment (unless the LPA says you can keep acting as an attorney)
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you’re a joint attorney and another attorney stops acting, unless the LPA says you can carry on making decisions
When the donor ends the LPA
The donor can end the LPA if they have mental capacity to make that decision.
They need to send the Office of the Public Guardian (OPG) both:
- the original LPA
- a written statement called a ‘deed of revocation’
Deed of revocation
Use the following wording for the deed of revocation. Replace the words in the square brackets with the relevant details.
“This deed of revocation is made by [donor’s name] of [donor’s address].
1: I granted a lasting power of attorney for property and financial affairs/health and welfare (delete as appropriate) on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).
2: I revoke the lasting power of attorney and the authority granted by it.
Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]”