How do I cancel a Lasting Power of Attorney (LPA)?

Views: 5,656

Share this article...

How do I cancel a Lasting Power of Attorney (LPA)?

You can cancel your LPA with a deed of revocation.

You can cancel a Lasting Power of Attorney (LPA) by sending the Office of the Public Guardian (OPG) the original LPA, along with a written statement from you (as the ‘donor’) known as a ‘deed of revocation’.  You must still have mental capacity to do this.

Can I cancel an LPA verbally?

No.  To cancel your LPA, it must be in writing, and in a specific format (deed of revocation) – see below an example of a deed of revocation.

Who can cancel an LPA?

Strictly speaking, it is only the donor (the person who made the LPA) who can cancel an LPA.  They must (of course) still have mental capacity to cancel (‘revoke’) the LPA.  However, there are other circumstances in which an LPA may become cancelled.

What happens to my LPA when I die?

An LPA dies automatically on the death of the ‘donor’ (the person who made the appointment).

Can the Court of Protection cancel an LPA?

Yes, if the donor has lost mental capacity, then the Court of Protection (CoP) has the power to revoke an LPA.  This would typically be in circumstances where the LPA was made fraudulently, or with the donor under duress.  Also, the CoP may revoke an LPA where the appointed attorney(s) has/have acted outside of their authority or in a manner in which is not in the best interest of the donor.

Can an Attorney cancel an LPA?

Indirectly, yes, your chosen attorney(s) can also ‘cancel’ your LPA.  If you have just one appointed attorney, the LPA will automatically end if that appointed attorney themselves looses mental capacity, or dies.  This is true also where you have appointed attorney on a joint basis (as opposed to joint and several) and any one or more of those joint attorneys loses capacity or dies.

An attorney may also ‘disclaim’ their appointment, which may in itself indirectly bring the LPA to an end if:-

  • Sole attorney – they were the only attorney and there is no replacement attorney being appointed
  • Joint appointment – the appointment was joint (as opposed to joint and several)

You must follow the protocol to ensure your LPA is cancelled correctly.

What is a Deed of Revocation?

The deed of revocation must be in writing and follow this prescribed 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 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]

Can my Certificate Provider cancel my LPA?

No, the person who acted as your certificate provider when you made the LPA can not cancel it on your behalf.  Check out the ‘What is a Certificate Provider?‘ article for more information.

How do I cancel an Enduring Power of Attorney?

There are significant differences between an EPA and LPA, and this includes how they are cancelled.  This guide looks at how to cancel an LPA.

Check out the ‘What’s the difference between an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA)?‘ article for more information.

What do I send to Cancel the LPA?

You must send the original LPA and deed of revocation to the Office of the Public Guardian (OPG) to cancel your LPA.

Share this article...