How do I cancel a Lasting Power of Attorney (LPA)?
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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.
Hi Neil, my name is Sharon, I’m 67yrs of age, I lost my husband six yrs ago this September but was diagnosed with Alzheimer’s disease and was told I had it for about six months earlier, but with the grieving it speeded it up a bit more, I’m fine can still look after myself living in a wee bungalow in N Ireland very independent but I’d got my son Andre and my daughter Samantha to be my power of attorneys my son is fine with it but my daughter has fallen out with me and doesn’t want to have anything more to do with me only get on with her own life, so I’d like her to be removed from the position of my power of attorney and just keep my son Andrew on board with me, so how do I go about taking her off? Please.
Hi Sharon, and thank you so much for reaching out with your query on how to cancel a Lasting Power of Attorney (LPA). You would need to submit a Deed of Revocation to the Office of the Public Guardian (OPG). This allows the Donor of the LPA (you) to revoke (cancel) the appointment in favour of certain Attorneys. If you are in any doubt do contact the OPG Helpline before sending them the Deed of Revocation and they will confirm the exact current procedure. QLAW are expert Lasting Power of Attorney Solicitors and could help you with this, but we would of course charge. If you would like our help, do let us know. Meantime, the OPG tel number is 0300 456 0300. And, you can email them at customerservices@publicguardian.gov.uk Thank you again for your query about how to cancel a Lasting Power of Attorney (LPA).
Hello My first question is will this cost me any money and if so that’s were this will have to end if not whats the process as i’m in the middle of a bad situation involving potential abuse of power as i’m the donors youngest son who really should have been invited but have’nt and i’ve no ego jealousy issue angst etc towards any of them but ive a nursing experience of all 3 major disciplines as well as teaching supporting individuals or groups using an individual development plan and later as a para legal at the CROWN PROSECUTION SERVICE LEEDS of 30 years whereas my sisters experience at bringing family up textiles accountancy my nephew is engineering and technology linked to the Government and niece army, para medic training and working as quality assurance and lately Manage of care home of total of 2 years who live in North Yorkshire Goole and Telford whereas ive lived with mum before during and after the setup of her LPA right up until mum was admitted to a care home? Basically the whole think stinks which isnt helped by the homes has a tendancy to lean to their family with a view to pushing my wife and i out and lately ive been threatened with Court action cause unknown?? but mum has given full access to every aspect of life records information etc via the medical/nursing staff/professor and are inserting unofficial guideline which are given unilateral and non negotiable which are overriding agreed Care plans agreed by all family members Deputy manager and Social worker/CPN so are running rough shod over everyone to the point that the home are considering issuing a notice as they are making mums care unmanagable as hey accept orders and instructions by email without dicussion with my wife and i and without been challenged by the homes management like its asecure unit as a plaything for their dictation and at their beck and call/ help please but ill not be surprised if y say no thanks tried solicicitors Alzheimers uk age concer citizen advice and im working on my own with invisible disabilities expecting to be accused of benefit fraud or abuse/harm of mum
Hi, I need some advice for a friend.. So he currently has the local authority finance department taking care of his finances saying he’s not got the mental capacity, for the past 6 years which his pip benefit goes straight to them. This happened due to members of his family basically taking money off him and leaving him with nothing to pay his bills. So 6 years later he’s now moved away from the ppl and in a better place now and now wants this power of attorney revoked but unsure on the process to do this. I would appreciate any help information on this. Many. thanks all…
I have power of attorney for my husband as does his daughter (my step daughter) can she take money from his account and and reinvest it it without my consent. My husband ius 86 and has Parkinsons Dementia.
As an LPA with two others, can i cancell my LPA. My sister is in a care home with dementia.