Can I Change or Cancel My Lasting Power of Attorney? – How to Amend or Revoke an LPA

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Can You Change or Cancel a Lasting Power of Attorney?

Yes. As long as you still have the mental capacity to make the decision you can change or revoke (cancel) your Lasting Power of Attorney (LPA) at any time. However, you cannot simply amend an existing LPA. If you want to change attorneys, update instructions, or alter any other details, you will usually need to revoke your existing LPA and create a new one.

Why Might You Want to Change an LPA?

Common reasons include:

  • A change in relationships
  • An attorney becoming unsuitable
  • Divorce or separation
  • Loss of trust or confidence in the attorney
  • Updated wishes or circumstances

It is important to act promptly if your LPA no longer reflects your intentions or if the individuals appointed as your attorneys are no longer appropriate.

How Do You Revoke an LPA?

To revoke an LPA, you must:

  1. Have the mental capacity to make the decision
  2. Create and sign a  Deed of Revocation
  3. Notify your attorneys named in the LPA
  4. Inform the Office of the Public Guardian (OPG)

Once revoked, the LPA can no longer be used and your attorneys will no longer have the authority to act on your behalf

Can You Amend an Existing LPA?

No. Once your LPA is registered, it cannot be amended. This means if you want to:

  • Change your attorneys
  • Add or remove replacements attorneys
  • Update instructions or preferences
  • Alter how decisions are made

You must create and register a new LPA.

What If an Attorney Is Acting Inappropriately?

If you no longer have capacity and there are concerns about an attorney, action can still be taken:

  • The OPG can investigate complaints about attorneys
  • The Court of Protection may intervene, who have the power to suspend or remove an attorney

Early legal advice is essential in these situations to help protect the donor’s interests and ensure appropriate action is taken.

Important Things to Consider Before Making Changes to an LPA

  • Whether capacity may be declining
  • Whether replacement attorneys have already been named
  • Whether both Health & Welfare and Financial LPAs need updating

Poorly timed changes can invalidate your protection.

Get Legal Advice Before Making Changes to aq Lasting Power of Attorney

Changing or cancelling an LPA has legal consequences. Ensuring the correct process is followed helps avoid delays and ensures your wishes remain protected. Our Private Client team can advise on revoking an existing LPA, preparing a new one, and ensuring your future decision-making arrangements are properly structured.

To find out more about lasting power of attorney you can visit our Private Client Law pages. For expert advice on wills, power of attorney and probate, you can contact WSP Solicitors’ local offices, servicing the whole of Gloucestershire, including; Gloucester, Stroud, Cheltenham, Tewkesbury or the Forest of Dean, or use the enquiry form on this page to request a callback.

 


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