Making changes or ending a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows you to appoint trusted individuals (Attorneys) to make decisions on your behalf should you become unable to do so. However, circumstances can change, and you may need to add, remove or end your LPA.

Situations such as appointing your Children once they become 18 or perhaps following a divorce or marriage / remarriage might mean you wish to revoke an LPA.

How Can You Make Changes to an Existing LPA?

You cannot directly amend the content of a registered LPA. Instead, any changes require either partial revocation or the creation of a new LPA. Below, we outline the steps for each option.

Partial Revocation

Partial revocation allows you to change certain elements of your LPA while keeping the rest intact. Common scenarios for partial revocation include:

• Removing an Attorney: If an appointed Attorney is no longer suitable (e.g., due to a breakdown in trust or their inability to act), you can revoke their role.
• Changing Restrictions or Preferences: You may wish to update the guidance or limitations provided to your Attorneys.

How to Partially Revoke an LPA:

1. Write a Deed of Partial Revocation: This document must clearly state the changes you wish to make, such as removing an Attorney or altering their authority.
2. Notify the Relevant Parties: Inform your existing Attorneys and any replacements about the changes.
3. Register the Changes with the Office of the Public Guardian (OPG): Send the Deed of Partial Revocation along with the original LPA to the OPG. Note that the changes are not valid until they are registered.

Complete Revocation

Complete revocation involves ending your LPA entirely. This may be necessary if:

• Your circumstances have changed significantly.
• You want to add Attorneys
• You want to create a new LPA with different Attorneys.
• You no longer wish to have an LPA in place.

How to Revoke an LPA Completely:

1. Write a Deed of Revocation: The document should state that you are revoking your LPA and include your full name, the date, and your signature.
2. Inform Your Attorneys: Notify all appointed Attorneys in writing that the LPA is no longer valid.
3. Send the Deed of Revocation to the OPG: Include the original LPA with your submission.
4. Destroy Copies: Ensure all physical and digital copies of the LPA are destroyed to avoid confusion.

Creating a New LPA

If you wish to change the terms or appoint new Attorneys, you will need to create a new LPA. The process includes:

• Completing new LPA forms for Property & Financial Affairs or Health & Welfare.
• Having the forms signed by all relevant parties, including the Certificate Provider.
• Registering the new LPA with the OPG.

Key Considerations When Altering an LPA

• Capacity: You must have mental capacity to make changes or revoke an LPA.
• Notify All Parties: It is essential to keep all involved parties informed of changes.

How Can Kinherit Help?

At Kinherit, we simplify the process of altering your LPA by:

• Drafting Deeds of Partial or Complete Revocation.
• Guiding you through the creation and registration of new LPAs.
• Ensuring all changes are compliant with UK law and registered with the OPG.

We can also upload updated documents to your Kinvault for secure storage and easy access. This ensures your Attorneys always have the most up-to-date information.

By carefully managing your LPAs, you can adapt to changing circumstances and maintain control over your future decisions.