Cancelling Your Lasting Power of Attorney

A simple guide to cancelling your Lasting Power of Attorney

Planning ahead is crucial, and a Lasting Power of Attorney (LPA) is one way to ensure that a trusted representative can manage your affairs if you can no longer do so yourself. However, as circumstances change, you might need to revoke an existing LPA. Here’s a clear overview of the process and tips for protecting your future.

When Might You Consider Cancelling Your LPA?

There are several reasons why you might want to cancel an LPA. 

Attorney Unavailability: Your attorney may be moving away, making it difficult to support you when needed. They may have passed away.

Changed relationship: Marriages and friendships can change with time. Though nothing may be wrong, it may be unrealistic for someone who was a close friend or relative but now rarely speaks with them to have the authority to make the most important and personal decisions.

Loss of Trust: You may have lost trust in the attorney or trust them, but not their partner, who strongly influences them.

Changed ability: Your attorney may have deteriorating health, and you would like someone younger or healthier to help. This may be done as a kindness to remove a potential burden from a loved one who volunteered to be an attorney when times were different.

Updated wishes: New medical or financial situations may arise, requiring an additional or different attorney.

Adding or removing attorney: You may wish for a change of attorney, to help existing attorneys or replace all or some of them.

Legal requirements: Some attorneys are prevented from helping if they lose mental capacity or legal ability to manage finances, such as in bankruptcy.

In any of these scenarios, revoking the LPA ensures that only those you trust are legally empowered to handle your affairs.

Cancelling an Unregistered LPA

It isn't legally active if your LPA hasn’t yet been registered with the Office of the Public Guardian (OPG). You don’t need to follow a formal revocation process in this case. You can dispose of the paperwork, and it won’t have any legal force. Leaving you free to write a new one.

Cancelling a Registered LPA

For a registered LPA, the steps are a bit more detailed to ensure everything is done correctly:

• Notifying Your Attorneys:  We will write a formal letter to your appointed attorneys to inform them that you are revoking their authority. This step ensures they are no longer permitted to act on your behalf.
• Filling Out the Revocation Form:  We then complete a deed of revocation. This document outlines the details of your registered LPA and clearly states your intention to cancel it. We then inform the Office of Public Guardian (OPG) to complete the revocation. If you have multiple LPA, you must complete this process for each one you want changed or revoked.
• Submitting a New LPA (If Needed):  If you have decided that you need someone else to manage your affairs, we will prepare a new LPA and submit it to the OPG. This new document will name your preferred attorneys.

Communication

Once the revocation has been drafted, it’s crucial to notify all relevant parties to finalise the process. This includes informing the attorneys and any institutions that may have relied on the power of attorney, such as banks and healthcare providers. To ensure the notice is received, sending it via certified mail or delivering it in person is advisable. Clear communication is vital in preventing any unauthorised use of the prior power of attorney and legally obligates all parties involved to acknowledge the revocation.

Disputes

Conflicts can occur when a donor (person giving the powers) tries to cancel a power of attorney (POA), as attorneys may dispute the revocation. Tensions may rise if the attorney has a vested interest or thinks the cancellation is unwarranted. In such cases, mediation or legal assistance may be required to address the dispute, particularly if the attorney is uncooperative. Fern Wills will speak with attorneys on your behalf, though if the attorney still objects, additional consulting with a solicitor with expertise in contentious POA revocation can aid in managing these intricate issues, helping to ensure that the donor's intentions are respected. The solicitor will expect separate payment for their services.

The Value of Professional Advice

Revoking an LPA, especially a registered one, involves key legal steps that must be followed precisely. That’s why professional guidance is invaluable. At Fern Wills & LPAs, our experts can help you through every phase of the process. We can:

• 1. Confirm that revoking your Lasting Power of Attorney (LPA) is in your best interest.
• 2. Draft and send clear revocation notices to your attorneys and the Office of the Public Guardian (OPG).
• 3. Ensure that any copies of the previous LPA are safely disposed of while maintaining appropriate records.
• 4. Assist you in accurately filling out all necessary forms.
• 5. Clarify the implications of cancelling your LPA.
• 6. Help you set up a replacement LPA if you choose to appoint new attorneys.

Control of your legal arrangements is crucial for your peace of mind. If your current arrangements no longer reflect your wishes, revisiting your LPA can be important in protecting your interests.

For personalised advice and assistance in cancelling or updating your LPA, don’t hesitate to contact Fern Wills & LPAs. We are ready to help you navigate your options with clarity and confidence.

Case Study One:

Mr. and Mrs. Watson prepared Lasting Powers of Attorney (LPAs) several years ago, designating each other as their attorneys and appointing Mrs. Watson's sister as the second attorney. 
Over the past 10 years, some changes have occurred. Their adult son turned 25 and has proven to be good with finances and paperwork. Meanwhile, Mrs. Watson's sister has aged and experienced health issues, which have affected her ability to fulfil all the responsibilities of an attorney.

There had been a few changes in the 10 years since writing the original LPAs. Their adult son had reached 25 years old and was good with finances and paperwork. Mrs Watson's Sister was, of course, 10 years older and her health had deteriorated, making her less able to fulfil all the duties of an attorney.

Fern Wills & LPAs completed the revocation of the old LPAs and notified all parties, including the OPG. Then, they rewrote the LPAs to exclude Mrs Watson's sister and include their son as attorney. They also added a few preferences to the document to more accurately reflect their requirements.

Additional Insights:  If you’re curious about how other legal tools might work for your situation, or if you’d like to explore further changes in estate planning, consider asking about related services such as will updates, trust arrangements, or financial safeguarding strategies. Every decision you make now can help ensure a more secure future.