How to revoke a Lasting Power of Attorney

Revoking your Lasting Power of Attorney
Life takes many twists and turns, and it is therefore unsurprising that sometimes people feel the need to cancel (revoke) their Lasting Power of Attorney and make a new one.

The attorneys you chose or the powers you gave them when you first made your LPA may no longer suit your circumstances. Alternatively, you might want to grant additional powers, such as access to your digital assets or online bank accounts or the power for your attorneys to use a Discretionary Fund Manager.

Your Lasting Power of Attorney (LPA) can be revoked partially or fully at any time whilst you have mental capacity. In this guide, we explain how this is done.

Q: What is mental capacity?

Under the Mental Capacity Act, a person lacks mental capacity in relation to a matter if they are unable to make a decision for themselves because of an “impairment of, or a disturbance in the functioning of, the mind or brain”. This impairment may be temporary or permanent. 

Mental capacity is always decision-specific. So, for example, you may have been diagnosed with dementia and find certain tasks difficult, such as managing your household bills. This does not mean you lack the capacity to decide who should be your attorney.

Q: Do I really need to cancel my LPA?

If you simply want to remove one of your attorneys, you might not need to cancel your LPA. Provided that you have appointed more than one attorney to make decisions for you ‘jointly and severally’, you can partially revoke the LPA by making a deed. We have included a template below.

If, however, you appointed your attorneys to act ‘jointly’, you cannot partially revoke the LPA. Removing one of the attorneys would effectively destroy the LPA, since the remaining attorneys would no longer be able to make decisions jointly with the removed attorney. In this case, you would need to fully revoke your LPA and make a new one.

You would also need to revoke your LPA entirely if you wanted to make more substantial changes, such as:

  • choosing different attorneys
  • adding another attorney
  • changing how your attorneys may make decisions (e.g. jointly, severally)
  • limiting your attorneys’ powers
  • giving your attorneys additional powers

An alternative to partially or fully revoking your LPA, is to contact the Office of the Public Guardian Safeguarding Department and complain about how your attorneys are carrying out their duties. You can contact the department as follows:

opg.safeguardingunit@publicguardian.gov.uk

or telephone: 0115 934 2777 Monday to Friday, 9am to 5pm / Wednesday, 10am to 5pm

Removing an attorney – partial revocation

If the only change you want to make is to remove one of your attorneys (assuming you have more than one and they are appointed ‘jointly and severally’), you do not need to revoke your entire LPA. Instead, you can send a written statement to the Office of the Public Guardian, known as a ‘partial deed of revocation’. You can use the following template, supplied by the OPG:

Partial deed of revocation

“This partial deed of revocation is made by [donor’s name] of [donor’s address].

1: I granted a lasting power of attorney for property and financial affairs/health and welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I hereby revoke [attorney’s name that you are revoking] ONLY from the lasting power of attorney and the authority granted to him/her.

Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]”

The partial deed of revocation should be sent to the Office of the Public Guardian with your original Lasting Power of Attorney. If you do not have your original Lasting Power of Attorney, order an official copy from the OPG and enclose the copy with a letter explaining why you do not have the original. You will also need to inform the removed attorney that you’re revoking their powers.

Revoking your LPA entirely

If you want to end the LPA entirely, you can submit a deed of revocation to the OPG. It is a good idea to have a new LPA drafted up before doing this.

You can use the following template to revoke your LPA, supplied by the OPG:

Deed of revocation

“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 lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] 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]”

The completed deed must be submitted to the Office of the Public Guardian with your original Lasting Power of Attorney. If you do not have your original Lasting Power of Attorney, order a copy from the OPG and enclose the copy with a letter explaining why you do not have the original. You will also need to inform your attorneys that you have cancelled your LPA.

Other ways a Lasting Power of Attorney will end

LPAs sometimes end automatically – for example, if your attorney:

  • loses mental capacity themselves
  • divorces you / ends your civil partnership
  • becomes bankrupt or becomes subject to a Debt Relief Order (DRO) (financial affairs attorneys only)
  • is removed by the Court of Protection
  • dies

If you have other attorneys, the LPA may not end; but this depends on how the attorney was appointed and whether you specified replacements. As an example, if you appointed two attorneys to act jointly and one loses mental capacity or dies, the other cannot act and the LPA is therefore null and void.

Address for the OPG:

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Making a new Lasting Power of Attorney

It is always a good idea to obtain legal advice before making a new Lasting Power of Attorney. You will see from our guides to Financial and Health LPAs that there are potential pitfalls which can render the document unworkable if drafted incorrectly. We offer a free one hour appointment to discuss making a LPA, without obligation. Call us on 0800 788 0500 9am – 5pm Mon – Fri to book yours.

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