How to stop being an attorney
Guidance from Estate Advisory Group
You are not trapped. An attorney can step down at any time, before or after registration.
The process
- Complete the OPG's disclaimer form (LPA005).
- Send it to the donor, to the Office of the Public Guardian, and to any other attorneys.
- Keep a copy and a note of the date — your authority ends when the donor receives it.
- Hand over records and any of the donor's property you hold.
What happens to the LPA
- If a replacement attorney was named, they step in.
- If attorneys were appointed jointly and severally, the others carry on.
- If they were appointed jointly with no replacement, the whole LPA usually fails.
- If nobody is left, the route is a Court of Protection deputyship.
Before you resign
If you are stepping down because of a disagreement rather than because you cannot do it, consider whether a professional co-attorney or a court order resolves the problem instead. Resigning at the wrong moment can leave the donor with nobody able to pay their care fees.
Common questions
Do I need the donor's permission?
No, but you must notify them, and if they lack capacity you should also tell anyone else involved in their care.
Can I be removed against my will?
Yes — the donor can revoke while they have capacity, and the Court of Protection can remove an attorney. See removing an attorney.
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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