A power of attorney is a vital legal document that allows someone (known as the ‘donor’) to appoint one or more individuals (known as ‘attorneys’) to act on their behalf. This authority can apply to decisions about property and financial matters, health and welfare, or both. But what happens when circumstances change? Can a power of attorney be amended? If so, how?
At Blackstone Solicitors, we provide expert legal advice across England and Wales, including all aspects of powers of attorney. In this article, we explore how to make changes to a power of attorney, what the limitations are, and when it may be more appropriate to revoke the document altogether.
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For a free initial discussion on how we can help you deal with the legal implications of an LPA, 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.
Types of Power of Attorney
Before considering how to make changes, it’s important to distinguish between the different types of power of attorney in England and Wales:
- Ordinary Power of Attorney (OPA)
Used for temporary arrangements, such as during travel or illness, and only valid while the donor has mental capacity.
- Lasting Power of Attorney (LPA)
There are two types of LPA:
- Property and Financial Affairs – covers decisions about money, property, and assets.
- Health and Welfare – covers medical treatment, living arrangements, and personal care.
An LPA must be registered with the Office of the Public Guardian (OPG) to be valid.
- Enduring Power of Attorney (EPA)
These were replaced by LPAs in 2007, but EPAs created before then remain valid. EPAs apply only to financial matters and must be registered if the donor loses capacity.
Can You Amend a Power of Attorney?
You cannot amend an existing power of attorney in the traditional sense—there is no legal mechanism to edit the terms of a power of attorney document once it has been executed and, in the case of LPAs, registered.
However, depending on what you wish to change, there are formal options available:
Changes That Require a New Document:
- Changing or replacing an attorney
- Altering the scope of powers granted
- Adding new instructions or preferences
- Removing one or more attorneys from acting jointly
In these cases, you will need to revoke the existing power of attorney and create a new one.
Revoking a Power of Attorney
If you want to make substantial changes, the usual approach is to revoke the existing power of attorney and draft a new one.
How to Revoke an LPA:
- Prepare a Deed of Revocation – This must be signed by the donor while they still have mental capacity.
- Inform the Attorneys – Each attorney must be notified in writing that their power has been revoked.
- Inform the Office of the Public Guardian – If the LPA was registered, the OPG must also be informed with a copy of the revocation document.
Once revoked, a new LPA can be created and registered, incorporating the desired changes.
Important:
Revocation can only take place if the donor still has the mental capacity to do so. If capacity has been lost, only the Court of Protection can intervene.
Making Minor Changes Before Registration
If you’ve created an LPA but have not yet registered it with the OPG, and you notice a small error—such as a typo or a change of address—this can sometimes be corrected by initialling the change on all copies and signing appropriately.
However, this is a risky approach and can lead to the OPG rejecting the document. It is generally advisable to complete a fresh LPA form to avoid registration issues.
Replacing or Removing an Attorney
One of the most common reasons for changing a power of attorney is to replace or remove an attorney.
If the Donor Has Capacity:
They can revoke the existing LPA and create a new one with the revised list of attorneys. This ensures legal clarity and avoids potential disputes.
If the Donor Lacks Capacity:
A donor who lacks mental capacity cannot revoke or amend an LPA. However, an attorney can be removed in specific circumstances:
- If the attorney becomes bankrupt (for financial LPAs)
- If the attorney loses mental capacity
- If the attorney dies
- If the Court of Protection decides to remove the attorney (e.g. due to misconduct)
In such cases, if the LPA was set up with multiple attorneys acting jointly, the removal of one may invalidate the entire LPA unless a replacement attorney was named.
Adding a Replacement Attorney
When creating an LPA, it is possible to appoint a “replacement attorney” who can step in if the original attorney is unable or unwilling to act. However, you cannot add a replacement attorney to an LPA once it has been executed. If no replacement was included originally, and the acting attorney can no longer serve, the LPA may become unusable—especially in joint arrangements.
In this scenario, the donor would need to create a new LPA (if they still have capacity) or the Court of Protection would need to be involved.
When the Court of Protection Is Needed
If the donor has lost capacity and a change is required—such as removing a problematic attorney or resolving a dispute between attorneys—the Court of Protection must be involved.
The court has the power to:
- Terminate or vary an LPA or EPA
- Remove an attorney for misconduct
- Appoint a deputy to act in place of the attorney
This process can be time-consuming and costly, which is why it’s so important to get the original power of attorney set up correctly and with foresight.
Practical Considerations for Making Changes
Here are some key factors to bear in mind when thinking about changing a power of attorney:
- Timing
Changes are easier to make before registration. Once registered, especially with LPAs, a full revocation and new application will likely be necessary.
- Mental Capacity
No changes can be made once the donor has lost mental capacity, except via the Court of Protection.
- Costs and Timeframes
Registering a new LPA currently takes several weeks. Factor in the registration fee and solicitor’s costs if applicable.
- Communication
It’s important to inform relevant parties—such as banks, care providers, or the OPG—if a power of attorney is revoked or replaced, to avoid confusion or misuse.
- Professional Guidance
Mistakes in the execution, revocation, or registration process can lead to invalid documents and significant legal and financial difficulties. Consulting a solicitor ensures the process is handled correctly.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we support clients across England and Wales in creating, reviewing, and updating powers of attorney. Whether you need to replace an attorney, revoke an existing document, or apply to the Court of Protection, our team provides clear, practical guidance.
Our services include:
- Drafting and registering LPAs and OPAs
- Preparing deeds of revocation
- Advising on the appointment of attorneys and replacements
- Managing LPA disputes
- Court of Protection applications
- Estate and long-term planning
We tailor our advice to your personal circumstances, ensuring that your wishes are properly documented and legally enforceable.
Conclusion
While a power of attorney cannot be simply “edited”, there are established legal processes for making changes. In most cases, this involves revoking the existing document and creating a new one. The earlier such changes are made—while the donor still has capacity—the smoother the process will be.
Getting legal advice is essential to ensure your power of attorney reflects your current wishes and protects your best interests.
If you’re considering making changes to a power of attorney, or would like to discuss your options, contact Blackstone Solicitors today for expert advice.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of amending a 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.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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