Changing or cancelling an LPA
Guidance from Estate Advisory Group
A registered LPA cannot be edited. Changing anything substantive means revoking it and making a new one, which requires capacity.
What cannot be changed
- Who your attorneys are, or how they act together.
- Your preferences and instructions.
- The 'when it can be used' choice on a financial LPA.
Addresses and names can be updated with the OPG, but the substance of the appointment cannot.
How to revoke
- While you have capacity, sign a deed of revocation.
- Send it to the OPG with the original registered LPA.
- Tell your attorneys, in writing, and tell any bank or provider that recorded the LPA.
- Make and register a new LPA if you still want one in place.
Do not leave a gap
Revoking without replacing leaves you with no LPA at all. Where possible, have the new one signed and ready so the gap is as short as possible.
If capacity has been lost
The donor can no longer revoke. Concerns about an attorney should go to the Office of the Public Guardian, which investigates and can apply to the Court of Protection to remove them. An attorney who no longer wants to act can resign by disclaiming, which is where replacement attorneys earn their place.
Common questions
Do I have to pay again to register a replacement LPA?
Yes, the £92 registration fee applies to the new document, plus our fee for preparing it.
What if I divorce my attorney spouse?
For a financial LPA the appointment normally ends on divorce unless the LPA says otherwise, which can end the whole appointment if they were appointed jointly with no replacement. Review it.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group