How to stop being an attorney
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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.
Disclaiming is different depending on timing. Before registration, you can simply refuse to act and the LPA is registered without you, or the donor can amend it. Once the LPA is registered and you have started acting, form LPA005 is the formal route, and it must reach the donor, the OPG and every co-attorney before it takes effect.
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.
Worked example
David was appointed as one of two attorneys, acting jointly and severally, for his father, Frank. After a house move abroad, David finds it increasingly difficult to deal with UK paperwork and decides to disclaim. He completes form LPA005, sends copies to Frank, to his co-attorney sister Elaine, and to the OPG, and keeps proof of postage. Because Frank appointed his attorneys jointly and severally, Elaine can continue to act alone once the OPG has processed David's disclaimer, and Frank's affairs are not disrupted.
Common reasons attorneys step down
| Reason | Alternative to consider first |
|---|---|
| Living abroad makes it impractical | A co-attorney handles day-to-day tasks; see can an attorney live abroad |
| Ill health or your own capacity concerns | Disclaiming is usually the right answer here |
| Family conflict over decisions | Mediation, or a professional co-attorney, may resolve it without resigning |
| You simply no longer wish to act | Disclaiming is straightforward, but consider timing |
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.
Do not just stop
Simply walking away without disclaiming formally leaves your authority technically live and can cause confusion for banks, the OPG and any co-attorneys. Always complete LPA005 and notify everyone in writing.
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.
Can I disclaim just one of two LPAs if I was appointed under both?
Yes — you disclaim each LPA separately, since a property and financial affairs LPA and a health and welfare LPA are legally distinct documents.
What happens to decisions I already made before disclaiming?
They stand, as long as they were properly made while you had authority. Disclaiming only affects what happens from that point onward.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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