Revocation of a Lasting Power of Attorney
What Is A Lasting Power Of Attorney?
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity').
What Is A Revocation Of A Lasting Power Of Attorney?
The revocation allows you to “undo” the power you had previously given someone, so long as you still have mental capacity.
You can remove a previously appointed attorney with a partial deed of revocation, or end your LPA completely with a deed of revocation.
Why Do I Need A Deed Of Revocation?
You need this document to ensure that your LPA is (partially) revoked in order for the attorney(s) to no longer exercise their obligations as an attorney.
Do I Have to Give Notice To The Attorney?
The attorney must be notified that their power to act has been revoked.
The attorney should not be a witness to your signature when signing the deed of (partial) revocation.
What Is An Automatic Revocation?
His takes place when the LPA becomes void, without the need for revocation. This may be because, for example, and depending on the circumstances:
a. The attorney refuses to act and accept the appointment;
b. The attorney dies;
c. The attorney has appointed their spouse or civil partner, but that marriage or civil partnership has ended by a divorce or dissolution, unless the LPA states otherwise;
d. The attorney does not have mental capacity;
e. The attorney is removed by the Court of Protection.
Should I update My Lasting Power Of Attorney?
You should always review both your Will and your LPAs. It is very important to have these documents up to date as it will only protect both yourself, and your family, during very difficult times.
If you need your Will and/or LPAs reviewed, please do not hesitate to get in touch.
Please feel free to contact me to discuss your situation.
0207 183 4595
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.