How to remove an attorney
Guidance from Estate Advisory Group
Who can remove an attorney depends entirely on whether the donor still has capacity.
If the donor has capacity
The donor can revoke the whole LPA, or partially revoke as to one attorney, by a written deed of revocation sent to the OPG and to the attorney. Removing one of several attorneys can invalidate the LPA where they were appointed jointly, so check section 5 first and expect to make a new LPA. See changing or cancelling an LPA.
If the donor lacks capacity
- Gather evidence: bank statements, unexplained withdrawals, missed care fees, refusal to account.
- Report the concern to the Office of the Public Guardian, which can investigate.
- Apply to the Court of Protection on form COP1 to revoke the LPA and remove the attorney.
- The court can appoint a deputy — often a panel deputy — in the attorney's place.
Grounds the court acts on
- Behaviour that contravenes the attorney's authority or is not in the donor's best interests.
- Financial abuse, unexplained gifts or mixing the donor's money with their own.
- Refusing to account, or obstructing care decisions.
- The attorney's own incapacity, bankruptcy or unsuitability.
Common questions
Can family remove an attorney without the court?
No. Only the donor with capacity, the attorney themselves, or the Court of Protection can end an attorney's authority.
What happens while the case runs?
The court can suspend the attorney and make interim orders, including freezing accounts.
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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