Creating a Lasting Power of Attorney (LPA) is crucial for future security in the event that you lose mental capacity. A LPA permits you to appoint dependable solicitors to manage your affairs. However, what if your situation changes and you need to revoke a registered LPA?
Revoking or cancelling an LPA is possible if done appropriately. Below is detailed information regarding the LPA revocation procedure.
When may it be necessary to revoke an LPA?
Occasionally, situations arise in which it is prudent to cancel the LPA, including:
- You alter your mind about your attorney(s) of choice.
- Your attorney can no longer perform the role, for example, owing to ill health.
- The lawyer is abusing their authority or operating against your best interests.
- As a result of a change in circumstances, a different individual is now preferable as an attorney.
Revoking the authority of an LPA removes decision-making authority from solicitors you no longer wish to have control over your welfare or finances. This safeguards you against misconduct and weak decision-making.
How to Revoke an Unregistered LPA
If you have established an LPA but have not yet registered it with the Office of the Public Guardian (OPG), you are not required to take any action. Since it has not been registered, it has no legal force or effect. Therefore, you can simply destroy any LPA-related documentation.
How to Revoke a Registered LPA
Additional actions are required to revoke a registered LPA that is already valid:
Inform Attorneys
Notify existing attorneys in writing that you wish to revoke their LPA and instruct them to cease using their powers.
Fill Out Revocation Forms
Complete a revocation deed form. This form will detail your Registered LPA and affirm your intention to revoke it. The OPG website provides an exact template for this, or you can seek assistance from an Estate Planner or a lawyer. The OPG must receive both the revocation deed and the registered LPA in order to cancel the LPA. You must follow these steps for each registered LPA that you wish to revoke.
Submit New LPA (Optional)
If you wish to appoint new solicitors, you must provide the Office of the Public Guardian with a new LPA document naming the new solicitors.
Utilising Legal Counsel When Rescinding an LPA
Revocation of an LPA, particularly one that has been registered, entails significant legal processes. To ensure that proper procedures are strictly adhered to, it is advised to consult with professionals.
