Can You Change or Remove an Attorney Under a Lasting Power of Attorney

The short answer

If your circumstances or relationships have changed, you may be wondering whether you can change the person appointed under your Lasting Power of Attorney (LPA). The answer depends on whether the LPA has been registered, whether you still have mental capacity to make the decision and whether you want to remove an attorney or appoint someone new.

Key takeaways

• A donor with capacity can ask the OPG to remove an attorney from a registered LPA using a partial deed of revocation.
• Removing an attorney can affect whether the remaining attorneys can act.
• You cannot add a new attorney to an existing LPA; appointing someone new usually requires a new LPA.

If your LPA is registered and you have capacity

A donor who still has mental capacity can ask the Office of the Public Guardian (OPG) to remove an attorney from a registered LPA. The formal process is called a partial deed of revocation. The original LPA and the written deed must be sent to the OPG, and the attorney or attorneys should be told that the appointment is ending. Do not write on or alter the LPA itself, as this could affect its validity.

Removing an attorney may affect how the LPA works

Before removing someone, check whether the attorneys were appointed to act jointly, jointly and severally, or in a combination of those ways. If you remove one attorney, the remaining appointment may not operate as you expect. In some cases, the LPA may no longer be usable for certain decisions or may end. The LPA’s wording and the presence of replacement attorneys matter.

Can you appoint a different attorney

You cannot add a new attorney to an existing LPA. If you want a different person to act, you will generally need to end the existing LPA and make a new one, while you still have capacity to do so. Consider whether you also need replacement attorneys in case someone later becomes unable or unwilling to act.

What if you want to cancel the whole LPA

If you have capacity, you can revoke the whole LPA by making a deed of revocation and sending it with the original document to the OPG. Think carefully about what will replace it, particularly if you may need someone to manage your finances or make health and care decisions in the future.

What if you no longer have capacity

If you no longer have mental capacity to make the decision, you cannot personally revoke or replace the LPA. If there are concerns about an attorney’s conduct or suitability, the OPG can be contacted and may investigate. In appropriate cases, the Court of Protection can remove an attorney or make decisions about the LPA. A family member should not simply change or ignore the document.

Get advice before sending documents

The correct process can depend on the LPA type, the way the attorneys were appointed and whether the document is registered. Keep copies of correspondence and check the OPG’s current instructions before sending original documents. If the donor’s capacity is uncertain, obtain advice before taking steps that could affect their arrangements.

Frequently asked questions

Can I remove one attorney from my LPA?

If the LPA is registered and you have capacity, you can ask the OPG to remove an attorney using a partial deed of revocation.

Can I add a new attorney to an existing LPA?

No. If you want to appoint someone new, you will generally need to end the existing LPA and make a new one while you have capacity.

Can I change my LPA if I no longer have capacity?

You cannot personally revoke or replace it if you lack capacity to make that decision. Concerns about an attorney can be raised with the OPG and, where appropriate, the Court of Protection.

Disclaimer 

This article is intended for general information only and does not constitute legal advice or create a solicitor-client relationship. The law and individual circumstances can change the outcome. Obtain specific advice before acting. This article concerns the law of England and Wales.