How to Revoke a Lasting Power of Attorney

 

Setting up a Lasting Power of Attorney (LPA) is important for future security if you ever lost mental capacity. An LPA allows you to appoint trusted attorneys to manage your affairs. But what if your circumstances change and you need to cancel a registered LPA?

Revoking or cancelling an LPA is possible if done correctly. Below is our detailed guidance on the LPA revocation process.

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When Might You Need to Revoke an LPA?

Occasionally situations arise where cancelling the LPA becomes prudent such as:

  • You change your mind about your choice of attorney(s).
  • Your attorney can no longer perform the role, for example due to ill-health.
  • The attorney is abusing their powers or acting against your interests.
  • Circumstances alter so a different person would now be preferable as attorney.

Revoking an LPA’s authority removes decision-making powers from attorneys you no longer want in control of your welfare or finances. This protects you against abuse or poor decision making.

 

How to Revoke an Unregistered LPA

If you arranged an LPA but have not yet officially registered it with the Office of the Public Guardian (OPG), you do not need to take any action. As it has not been registered, it is not legally binding or enforceable. Therefore you can simply destroy any paperwork for the LPA.

 

How to Revoke a Registered LPA

The process for revoking a registered LPA that is already valid takes more steps:

Notify Attorneys

Inform existing attorneys in writing you wish to revoke their LPA and they should no longer use their powers.

Complete Revocation Forms

Complete a deed of revocation form. This form will contain the details of your Registered LPA and confirm that you intend to revoke it. The OPG website provides an exact template for this or alternatively, you can ask an Estate Planner or solicitor to assist you. The deed of revocation will need to be sent to the OPG along with your registered LPA for them to cancel it. You will need to do this for each LPA that you have registered that you wish to revoke.

Submit New LPA (Optional)

If you now want to appoint new attorneys, provide the Office of the Public Guardian with a replacement LPA document naming your desired attorneys.

Revoking an LPA, especially a registered one, involves important legal processes. Seeking guidance from professionals is recommended to ensure proper procedures are fully complied with.

At MWQ Estate Planning, our LPA specialists can provide legal advice on correctly revoking an LPA that is no longer suitable. We will:

  • Confirm revocation is your clear instruction and in your interests.
  • Draft formal revocation notices for attorneys and the Office of the Public Guardian.
  • Help destroy copies of the LPA safely and retain evidence.
  • Assist completing OPG revocation forms without error.
  • Explain the implications to your existing attorneys.
  • Support creating replacement LPAs if now required.

Revoking an LPA regains you control over who handles your affairs if needed. With legal expertise from MWQ Estate Planning, you can revoke an LPA smoothly and put improved safeguards in place. Don’t hesitate to contact us for guidance on managing this important process.

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