Can You Amend An LPA Once Registered?

If you’ve recently set up a Lasting Power of Attorney (LPA) or are considering doing so, you might be wondering about the flexibility of this important legal document. Specifically, you may be asking whether it’s possible to amend an LPA once it has been registered. At Blackstone Solicitors, we understand that circumstances and preferences can change over time, and we’re here to provide clear guidance on how to handle modifications to an LPA.

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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Understanding a Lasting Power of Attorney (LPA)

Before diving into the process of amending an LPA, it’s useful to have a solid understanding of what an LPA is and how it functions:

• Lasting Power of Attorney (LPA): An LPA is a legal document that allows you to appoint one or more individuals to make decisions on your behalf if you become unable to do so yourself. There are two types of LPA:

– Property and Financial Affairs LPA: Manages financial matters such as bank accounts, property, and investments.

– Health and Welfare LPA: Covers decisions about your healthcare and personal welfare, including medical treatment and living arrangements.

Once registered with the Office of the Public Guardian (OPG), an LPA is legally binding and can be used by the appointed attorneys to act on your behalf.

Can You Amend an LPA Once Registered?

The short answer is that you cannot directly amend an LPA once it has been registered. However, if changes are needed, there are alternative steps you can take to ensure that your LPA accurately reflects your current wishes and circumstances.

Here’s a detailed look at what you can do if you need to make changes:

1. Revoking an Existing LPA

If you need to make significant changes to your LPA, such as altering the appointed attorneys or modifying the terms of the LPA, the typical approach is to revoke the existing LPA and create a new one. Revoking an LPA involves formally cancelling it so that it is no longer valid. This process involves:

• Creating a Revocation Document: You must draft a revocation document that clearly states that you are cancelling the existing LPA. This document should be signed and witnessed according to legal requirements.
• Notifying the Office of the Public Guardian: You need to inform the OPG of your decision to revoke the LPA. The revocation document should be sent to the OPG, and it is advisable to also notify the attorneys named in the original LPA.
• Disposing of Copies: Ensure that any copies of the revoked LPA are destroyed to prevent any confusion or misuse.

2. Creating a New LPA

After revoking the existing LPA, you can create a new one that reflects your updated preferences. The process for creating a new LPA is similar to the initial registration process:

• Draft the New LPA: Complete the necessary forms for the new LPA. Make sure to include any changes in the appointments or instructions.
• Complete the Application: Follow the same steps as before, including signing and witnessing the forms, providing necessary identification, and paying the registration fee.
• Register the New LPA: Submit the completed forms and supporting documents to the Office of the Public Guardian for registration.
• Notify Relevant Parties: Inform the newly appointed attorneys and any other relevant parties about the new LPA.

3. Considerations for Making Changes

When making changes to your LPA, it’s important to consider the following:

• Timing: Ensure that there is no gap between the revocation of the old LPA and the registration of the new one. During this period, decisions may need to be made regarding your affairs, so it’s important to have a clear plan in place.
• Legal Advice: Consult with a legal professional to ensure that the new LPA is correctly drafted and complies with legal requirements. This can help avoid potential issues and ensure that your wishes are accurately reflected.
• Communication: Clearly communicate with your appointed attorneys about the changes. It’s important that they understand their role and any new instructions outlined in the new LPA.
• Documentation: Keep copies of the revocation and new LPA documents for your records. Ensure that all relevant parties have copies of the new LPA to avoid any confusion.

Why You Might Need to Amend an LPA

There are several reasons why you might need to amend an LPA, including:

• Change in Personal Circumstances: If there are changes in your personal circumstances, such as moving to a different location, changes in your health, or a change in family dynamics, you may need to update your LPA to reflect these changes.
• Changes in Relationships: If the attorneys you appointed are no longer suitable or if you wish to appoint different individuals, you will need to create a new LPA.
• Update Instructions: If your preferences for medical treatment or financial management have changed, updating the LPA ensures that these preferences are accurately recorded.

Conclusion

In summary, while you cannot directly amend an LPA once it has been registered, you have the option to revoke the existing LPA and create a new one to reflect your updated preferences. This process ensures that your LPA remains current and accurately represents your wishes.

How we can help

We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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