LPA – how does an Attorney cancel their appointment?
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An attorney can cancel their appointment at any point, for any reason. It is known as ‘disclaiming’.
An attorney can cancel their appointment as an attorney under a Lasting Power of Attorney (LPA) at any point. It is a relatively straightforward procedure, and can even (in some circumstances) have the related effect of cancelling the whole LPA (see below). The process is known as ‘disclaiming’.
Lasting Power of Attorney – who does what?
To put things into context, let’s just highlight the various roles involved in an LPA. They are:
- Donor – the person making the LPA appointment
- Attorney – the people receiving the LPA appointment and who would do the work on behalf of the donor in due course
- Replacement Attorney – ‘substitutes’ to the first appointed attorney(s)
- Certificate Provider – the person certifying to the Office of the Public Guardian (OPG) that the donor is (a) of sound mind, (b) understands what the LPA does; and (c) is not under duress to make the LPA
- Persons to be notified – when the LPA is registered. Considered something of a safety net
- Witness – simply acting as signature witnesses and nothing more
Does the Attorney have to have a reason to cancel?
No, an attorney can cancel (disclaim) without any specified reason.
Can the Donor stop the Attorney Disclaiming?
No, the donor can not force the attorney to remain in the appointment.
How does the Attorney Disclaim?
The attorney disclaims by completing Form LPA0005. They must then:
- send the original form to the donor
- send a copy of the form to any other attorneys named in the LPA (including replacement attorneys if there were no other first appointed attorneys)
If the LPA had already been registered, the Attorney must also:
- send a copy of the form to the OPG
- send any copies of the LPA that they have to the OPG too
Disclaimer by a proposed or acting attorney
under a lasting power of attorney (LPA005).
Is there a fee payable to the OPG?
No fee is currently payable to the OPG to disclaim your appointment.
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