As solicitors who have been supporting individuals and families for over 70 years. We know first-hand that circumstances rarely stay the same.
Relationships change, health can decline, financial situations evolve, and trust in those around us can understandably shift over time.
Many people assume that creating a Lasting Power of Attorney, often referred to as an LPA, is a permanent decision.
In reality, this is not always the case. Depending on your circumstances and your mental capacity, it may be possible to change or cancel an existing LPA.
In this article, we explain when and how an LPA can be amended or revoked, and why seeking legal advice is often essential to ensure everything is handled correctly.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you, known as the donor, to appoint one or more trusted individuals as your attorneys.
These attorneys are given the authority to make decisions on your behalf if you are unable to do so yourself. This could be due to illness, injury or a loss of mental capacity.
There are two different types of LPA, each covering separate areas of decision-making.
A Health and Welfare LPA allows your attorneys to make decisions about your medical treatment, care arrangements and day-to-day wellbeing, but it can only be used once you have lost the mental capacity to make those decisions yourself.
A Property and Financial Affairs LPA allows your attorneys to manage your finances, including paying bills, dealing with bank accounts and, if necessary, selling property. This type of LPA can be used with your permission while you still have capacity, or automatically if you later lose it.
Mental capacity is a crucial factor when it comes to changing or cancelling an LPA. The law requires that you fully understand the decision you are making at the time any changes are carried out.
Can you change a Lasting Power of Attorney?
In many cases, yes. A Lasting Power of Attorney can be changed, but it depends on two main things. Whether the LPA has been registered with the Office of the Public Guardian, and whether the donor still has mental capacity.
If the donor has capacity, they are usually free to make changes if circumstances have changed.
Common reasons for reviewing or changing an LPA include:
- A change in the relationship between the donor and an attorney
- An attorney no longer being suitable or available
- A change in the donor’s personal or financial situation
Once an LPA has been registered, it usually cannot be amended. In most cases, the existing LPA will need to be cancelled and replaced with a new one that reflects the donor’s current wishes.
Taking advice can help clarify the next steps. A solicitor can explain the options, confirm what is possible, and ensure any replacement LPA is prepared and registered correctly.
Can you cancel or revoke a Lasting Power of Attorney?
An LPA can be cancelled, which is legally referred to as revocation, provided the donor still has mental capacity. Revoking an LPA means formally ending the authority of the attorneys so that they can no longer act on your behalf.
This is not something that can be done informally. The law requires a clear and structured process to ensure there is no confusion and to protect all parties involved. Following the correct steps is essential to avoid disputes or the risk of an attorney continuing to act without authority.
How to cancel a Lasting Power of Attorney
To cancel an LPA, a Deed of Revocation must be created. This is a formal written document confirming that you wish to revoke the LPA in full, or in some cases, remove a specific attorney. The wording of this document must be precise to ensure it is legally valid.
Once the Deed of Revocation has been completed, it should be sent to the Office of the Public Guardian along with the original LPA document. All appointed attorneys must also be informed that the LPA has been revoked or that their appointment has ended. This step is particularly important to prevent any misunderstanding or continued use of the LPA.
After receiving the documentation, the Office of the Public Guardian will cancel the registration and notify the relevant parties. Because of the legal and practical consequences involved, it is strongly recommended that a solicitor oversees this process to ensure everything is completed correctly and without delay.
What happens if mental capacity has been lost?
An LPA can only be changed or cancelled by the donor while they still have mental capacity. Once capacity has been lost, the donor can no longer make decisions about the LPA themselves.
In these circumstances, the appointed attorneys are legally required to continue acting in the donor’s best interests, in line with the terms of the LPA and the principles of the Mental Capacity Act.
If there are concerns about how the attorneys are acting, these can be raised with the Office of the Public Guardian, which has the authority to investigate.
In more serious situations, the Court of Protection may become involved. However, the court’s powers are limited, and it may not always be possible to change the situation. This is why early review and planning of an LPA are so important, particularly where there is a risk of losing mental capacity in the future.
Common mistakes to avoid
One common misunderstanding is assuming that an LPA can be changed informally. Writing on the document, making verbal agreements or relying on unrecorded changes can invalidate the LPA entirely. LPAs are governed by strict legal requirements to protect against disputes and potential abuse, and these procedures must be followed correctly.
Another frequent issue is failing to notify the Office of the Public Guardian or relevant parties when changes are made. If the OPG is not informed, attorneys may be unable to act, or worse, may continue acting without proper authority. This can result in delays, particularly in urgent situations, and may ultimately require an application to the Court of Protection.
Delaying action when circumstances change can also cause serious problems. If an attorney dies or loses capacity and no replacement is in place, the LPA may fail altogether. Similarly, relying on DIY templates without legal advice can lead to errors, rejection by the OPG or documents that do not reflect your true wishes.
Working with a solicitor helps safeguard your future decisions. A solicitor can ensure you are not under pressure when signing documents, help prevent financial abuse and include tailored provisions, such as specific healthcare preferences, that reflect your individual circumstances.
How a solicitor can help
Appointing a solicitor when dealing with changes to a Lasting Power of Attorney provides reassurance and clarity at what can be an emotional time. A specialist LPA solicitor can support clients by:
- Advising whether an LPA should be revoked or replaced
- Drafting a valid Deed of Revocation
- Creating a new LPA where appropriate
- Ensuring compliance with the OPG
Some solicitors also hold Lifetime Lawyers accreditation, which demonstrates additional training and expertise in later life planning and supporting vulnerable clients. This can be particularly valuable in complex or sensitive situations.
Why reviewing your LPA regularly matters
Based on our extensive experience with LPAs, we encourage clients to review their arrangements following major life events, such as:
- Divorce or separation
- Death of an attorney
- Diagnosis of illness
- Significant financial changes
An LPA should evolve alongside your circumstances. Failing to review it regularly can lead to complications and unintended outcomes further down the line.
How Clapham & Collinge can help
At Clapham and Collinge, we have long-standing experience in Lasting Powers of Attorney, elder law and future planning. With offices in Norwich, Sheringham and North Walsham, we support clients across Norfolk and beyond.
We pride ourselves on a compassionate, clear and client-focused approach. If you would like advice about changing or cancelling a Lasting Power of Attorney, please contact your local office, email us or complete our online enquiry form to arrange a confidential consultation.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230