Getting a Lasting Power of Attorney (LPA) put into place is a serious decision. Usually, these documents aren’t altered or revoked except where absolutely necessary, as they’re intended to be binding documents that are put into place in case someone was to lose mental capacity. However, it might reassure you to know that you can change or even totally end an LPA, should you wish.
In this article, we’ll cover how you can change or end a Lasting Power of Attorney, as well as explain some common situations where an LPA might need to be changed.
How do you change an LPA?
The only way to alter an existing registered Lasting Power of Attorney is to ask the Office of the Public Guardian (OPG) in writing. The OPG are the body that holds details of all registered LPAs. The process is quite specific, and you need to ensure that you use correct wording in every instance – so if you’re not sure, speak to an estate planner or lawyer for peace of mind that it’ll be done properly.
To change an LPA, you need to still have mental capacity to make decisions. It is possible that the OPG will ask you to demonstrate this.
The exact process to follow is different for each circumstance:
Removing one of your attorneys
To remove one of your attorneys from an LPA, you need to send OPG a statement called a “partial deed of revocation”. You can see the full and exact wording you need to send on the gov.uk website.
Adding a new attorney
The only way to add a new attorney to your LPA is to end the existing LPA and register a new one. Find out how to end an LPA later in this article.
Changing an attorney’s details
If one of your attorneys changes their name or address, you need to write to the OPG and let them know, and provide supporting documents to prove the changes.
Informing the OPG of an attorney’s death
You must tell the OPG if one of the attorneys on your LPA passes away. You’ll need to send them a copy of the death certificate as well as the original LPA, for them to stamp the document as proof they are no longer able to act as an attorney.
You can find the addresses you need to send all of these documents on the gov.uk website.
How do you end an LPA?
LPAs naturally end under a number of conditions, such as you or all of your attorneys pass away or an attorney has become bankrupt or has been removed by the Court of Protection. However, if you want to end an LPA early, you can do this – but you must have capacity to make your own decisions on this.
To end an LPA, you’ll need to send the OPG both the original LPA itself and a written statement known as a “deed of revocation”. This needs to be a specific statement using specific wording which you can see on the gov.uk website.
Changing or ending an LPA isn’t an easy process – these are complicated and important legal documents so to ensure you get it right, speak to an experienced estate planner. Find out how Face to Face Estate Planning can help you here.