Does your Lasting Power of Attorney (LPA) still meet your requirements?
Much like your Will, we recommend that you periodically ensure that your LPA will still do the job you want it to.
Your LPA is registered by the Office of the Public Guardian, and there are procedures and processes that need to happen in order for you to make changes / revoke it if needed.
Why might you want to change your LPA?
Usually, changes are wanted or needed if for some reason your appointed attorney or attorneys are not suitable anymore.
- It could be that you simply do not want the person you appointed to continue to be your attorney. If that is the case then you can act to remove them. You should note that you will need to actively remove the attorney via a deed of revocation sent to the Office of the Public Guardian (OPG). You cannot simply tear up your LPA or say that you don’t want them.
You will need to revoke your LPA with the OPG, and set up a new one with new a new attorney/s.
Or, there are conditions where your LPA may simply end, leaving you without a valid LPA, if your attorney:
- Loses the ability to make decisions due to loss of mental capacity.
- If you divorce or end your civil partnership – if the attorney is your husband, wife or partner.
- If your property and financial affairs attorney themselves become bankrupt or subject to a Debt Relief Order.
- Is removed by the Court of Protection.
- Or they die.
If this applies to you, then you need to understand the following scenarios to be sure that your LPA still meets your requirements:
- If you only have one attorney on your LPA, and the above conditions apply, you will need to set up a new LPA with a new attorney/s.
However, your LPA can continue if:
- There are other attorneys on your LPA who can act “jointly and severally” – but not if they are only allowed to act “jointly”. (If your attorneys can only act jointly then you will need to set up a new LPA.)
- Or if you have replacement attorneys (who are still suitable) listed on your LPA.
This can be quite confusing, but it is very important to ensure that your LPA is how you need it to be.
As with our free Will evaluation service, we will be delighted, to evaluate your LPA and go through the options open to you in plain English.