A Lasting Power of Attorney is a legal document that enables an individual (donor) to appoint one or more people (known as attorneys) to make decisions on their behalf.
Can I end my Lasting Power of Attorney?
Yes. You as the Donor of the document, have the right to cancel (revoke) the Power of Attorney at any time if you have sufficient mental capacity to do so.
You can either partially revoke or fully revoke the Lasting Power of Attorney by signing a Deed of Revocation. Partial revocation occurs when you specifically state the attorney you wish to remove, if you have appointed more than one attorney, without affecting the other attorneys named. Full revocation occurs when you cancel the entire document.
The Deed of Revocation must be sent to the Office of the Public Guardian along with the original Lasting Power of Attorney.
Once the initial Lasting Power of Attorney has been registered with the Office of the Public Guardian you cannot replace any removed attorneys. You will need to revoke the entire document and start again.
Do my Attorneys need to know?
Yes. You need to advise your Attorneys that you are ending your Lasting Power of Attorney. The Office of the Public Guardian will also write to the Attorneys informing them that you have revoked the authority provided to them originally.
Can my Attorney end my Lasting Power of Attorney?
If an Attorney does not wish to act in the role or stops acting (disclaiming) and you have not appointed another Attorney or any replacements, then the document you have put in place will not provide authority for anybody else to be able to assist you. It is crucial that you ensure the people you are naming as Attorneys would be happy to act before you go ahead and put the document in place. It’s a good idea to name a number of people to ensure that all eventualities are covered. That said, you must trust all named Attorneys to act in your best interest.
Can my Lasting Power of Attorney end automatically?
Yes. The Power of Attorney will end upon the occurrence of following circumstances:-
1. Your death;
2. Your attorney’s death and you have no replacement attorney;
3. Your attorney loses mental capacity;
4. If your attorney is your spouse or civil partner and you divorce or end your civil partnership;
5. Your attorney becomes bankrupt or subject to a Debt Relief Order (this only applies to a Property and Financial Affairs Lasting Power of Attorney);
6. Your attorney is removed by the Court of Protection.
You must keep in mind, if you end the Lasting Power of Attorney, you will not have in place a legal document that gives people of your choosing the ability to make decisions on your behalf. If you do cancel your Lasting Power of Attorney, you should consider implementing a new document.
Our wills and probate solicitors in Hampshire are experts in helping executors deal with administering estates. Thanks to our superior service, we can help you plan for every aspect involved in the distribution of assets. Call us on 01329 822 333