How to remove 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
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.
The three routes compared
| Route | Who can use it | Typical outcome |
|---|---|---|
| Revocation by the donor | Donor with capacity | Whole LPA ends, or a new LPA is made without that attorney |
| Disclaimer by the attorney | The attorney themselves | That attorney steps down using form LPA005, notifying the donor and the OPG |
| Court of Protection application | Anyone with concerns, once the donor lacks capacity | The court can remove the attorney and appoint a deputy instead |
An attorney who no longer wants the role but the donor still has capacity should use disclaimer rather than simply stopping — see how to stop being an attorney. Where capacity has already been lost, disclaimer alone can leave a gap, and the court route is usually needed to appoint a replacement.
Worked example
Margaret appointed her son Kevin as sole attorney on her property and affairs LPA. After Margaret develops vascular dementia, her daughter Lisa notices £6,000 has left Margaret's account in cash withdrawals over four months, with no receipts and no explanation from Kevin. Because Margaret no longer has capacity to revoke the LPA herself, Lisa cannot simply ask Kevin to stand aside. She reports her concerns to the Office of the Public Guardian, which opens an investigation and asks Kevin to account for the money. When Kevin fails to respond, the OPG refers the matter to the Court of Protection, which suspends Kevin's authority, orders the accounts frozen, and later appoints a panel deputy to manage Margaret's finances instead. The whole process, from Lisa's first phone call to the final order, takes just under a year.
Costs to expect
Revocation by a donor with capacity costs nothing beyond the paperwork of making a new LPA if needed, and no OPG fee is charged simply for revoking. A Court of Protection application to remove an attorney is different: alongside the £408 court fee, there is often the cost of medical evidence of the donor's incapacity, and legal fees if the attorney contests the application. Where the court appoints a professional panel deputy in place of the removed attorney, ongoing annual supervision fees and the deputy's own charges are usually paid from the donor's funds.
This is one of the strongest arguments for choosing attorneys carefully at the outset, and for naming a replacement attorney in the original LPA so that a resignation or disclaimer does not automatically force a court application.
If you are worried but unsure
Report concerns rather than confront alone
Do not wait for certainty before raising a concern. The OPG can investigate on a reasonable suspicion, and early reporting protects the donor's money while the facts are established. See OPG investigations into attorneys.
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.
Does removing one attorney end the whole LPA?
Only if the attorneys were appointed jointly for that decision, in which case the LPA cannot continue without them and a new LPA is usually needed. If they were appointed jointly and severally, the remaining attorney or attorneys can carry on.
How long does a Court of Protection removal typically take?
Contested removals often take six months to a year, longer where the attorney disputes the allegations or evidence has to be gathered from banks and care providers.
Read next
Where this fits
This page is part of Disputes and safeguards. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
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
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
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