Power of Attorney (POA) arrangements are vital tools for managing personal and financial affairs, offering reassurance to the donor (the person assigning the authority) and their loved ones. However, life circumstances can change, and it may become necessary to revoke or amend a Power of Attorney. This guide explains how to do so legally and efficiently in the UK.

How to Revoke or Amend a Power of Attorney

What is a Power of Attorney?

A Power of Attorney is a legal document granting one or more individuals (attorneys) the authority to make decisions on behalf of the donor. These decisions can cover financial matters, personal welfare, or healthcare. Common types of POAs in the UK include:

  • Ordinary Power of Attorney: Limited to specific tasks or timeframes, such as managing finances while the donor is abroad.
  • Lasting Power of Attorney (LPA): Enables attorneys to make decisions if the donor loses mental capacity.
  • Enduring Power of Attorney (EPA): Predecessor to LPAs, valid if created before 2007, covering property and financial matters.

Reasons for Revoking or Amending a Power of Attorney

You might need to change or revoke a POA due to:

  • Relationship Changes: A breakdown in trust or a shift in the donor-attorney relationship.
  • Attorney Availability: Health issues, relocation, or personal circumstances preventing the attorney from fulfilling their role.
  • Changed Needs: The donor’s circumstances or requirements may evolve, necessitating updates to the POA.
  • Attorney’s Death: If an attorney dies, replacement arrangements may need to be made.

How to Revoke a Power of Attorney

1. Revoking an Ordinary Power of Attorney

For Ordinary POAs, the process is straightforward:

  • Written Notice: Inform the attorney in writing of the revocation.
  • Document Return: Request the return of all POA-related documents.
  • Notify Third Parties: Inform institutions (e.g., banks) that the POA is no longer valid.

2. Revoking a Lasting Power of Attorney (LPA)

To end an LPA, you must have mental capacity and follow these steps:

  • Deed of Revocation: Create a written statement using the specified wording:
    “This deed of revocation is made by [your name] of [your address].

    1. I granted a lasting power of attorney for property and financial affairs/health and welfare (delete as appropriate) on [date you signed the LPA] appointing [attorney(s)] to act as my attorney(s).
    2. I revoke the lasting power of attorney and the authority granted by it.
      Signed and delivered as a deed [your signature]
      Date signed [date]
      Witnessed by [signature of witness]
      Full name of witness [name of witness]
      Address of witness [address of witness]”
  • Send the Deed and Original LPA: Submit both to the Office of the Public Guardian (OPG).

3. Revoking an Enduring Power of Attorney (EPA)

If you need to revoke an EPA:

  • Written Declaration: Provide a written, witnessed statement revoking the EPA.
  • Notify the Attorney: Inform them in writing of the revocation.
  • Inform the OPG: If registered, notify the OPG and provide the required documentation.

How to Amend a Power of Attorney

1. Amending an Ordinary Power of Attorney

Ordinary POAs can be replaced or updated:

  • Create a New POA: Draft a new document specifying it supersedes the previous one.
  • Notify Third Parties: Inform relevant institutions of the changes.

2. Amending a Lasting Power of Attorney

Registered LPAs cannot be amended. Instead:

  1. Revoke the Existing LPA: Follow the revocation process above.
  2. Create a New LPA: Draft and register a new document with updated terms.

3. Amending an Enduring Power of Attorney

As with LPAs, EPAs cannot be amended. Instead:

  1. Revoke the Existing EPA: Follow the revocation process.
  2. Create a New LPA: Draft a new LPA for updated instructions.

Important Considerations

  • Mental Capacity: The donor must have the mental capacity to revoke or amend a POA. If not, the Court of Protection may need to intervene.
  • Court of Protection: The court can make decisions to revoke or appoint attorneys when the donor lacks capacity.

What Happens if Your Attorney Dies?

If your sole attorney dies:

  • Notify the OPG with the original LPA and certified copies.
  • If no replacement attorneys are named, the LPA will end

Conclusion

Revoking or amending a Power of Attorney ensures your arrangements stay relevant to your current needs. By following the appropriate steps, you can safeguard your interests and maintain control over your personal and financial affairs. For expert guidance and tailored support, visit The Will Centre today and take the first step toward securing your future.

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