How To Revoke An Enduring Power Of Attorney

At Blackstone Solicitors, we frequently assist clients across England and Wales with legal matters related to powers of attorney. While Lasting Powers of Attorney (LPAs) are now the most common form of power of attorney, many people still have Enduring Powers of Attorney (EPAs), which were the legal standard before 2007. An EPA allows an appointed attorney to manage someone’s property and financial affairs if they lose mental capacity.

However, there are situations where a donor may wish to revoke an EPA, either because it is no longer needed or because they wish to make changes. This article provides a comprehensive guide on how to revoke an Enduring Power of Attorney, the steps involved, and the legal implications of such a decision.

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What Is an Enduring Power of Attorney (EPA)?

Before discussing how to revoke an EPA, it’s important to understand what it is and how it differs from a Lasting Power of Attorney (LPA).

An Enduring Power of Attorney (EPA) was a legal document used before 1 October 2007 to appoint one or more people (attorneys) to manage the donor’s property and financial affairs. Unlike LPAs, EPAs did not cover health and welfare decisions, focusing solely on finances.

If the donor becomes or starts to lose mental capacity, the attorney must register the EPA with the Office of the Public Guardian (OPG) to continue making decisions on behalf of the donor. If the donor retains mental capacity, they may still revoke the EPA if they no longer want the attorney to act on their behalf.

Why Would You Want to Revoke an Enduring Power of Attorney?

There are several reasons why a donor may wish to revoke an EPA, including:

• Change of circumstances: The donor’s relationship with their attorney may change, and they may no longer trust or feel comfortable with the appointed person handling their affairs.
• No longer needed: The donor may have regained the ability to manage their finances or no longer require the attorney’s assistance.
• Desire for a new attorney: The donor may wish to appoint a different attorney or update their arrangements to reflect their current circumstances, such as creating a Lasting Power of Attorney (LPA) for more comprehensive management of their affairs.
• Attorney’s inability to act: If the appointed attorney is no longer able to fulfil their duties—due to illness, moving abroad, or other personal reasons—the donor may need to revoke the EPA and appoint someone else.

Regardless of the reason, it’s essential to follow the correct legal procedures when revoking an EPA to ensure that it is legally binding.

Steps to Revoke an Enduring Power of Attorney

The process of revoking an Enduring Power of Attorney is relatively straightforward if the donor still has mental capacity. However, if the EPA has already been registered because the donor has lost mental capacity, the process is more complex and requires involvement from the Court of Protection.

Here are the key steps for revoking an EPA:

1. Confirm the Donor’s Mental Capacity

The first and most crucial step is determining whether the donor has the mental capacity to revoke the EPA. If the donor retains mental capacity, they have the legal right to revoke the EPA at any time. Mental capacity means the donor understands the decision they are making, the implications of revoking the EPA, and the consequences of such an action.

If there is any doubt about the donor’s mental capacity, it may be necessary to seek medical advice or a formal capacity assessment. If the donor lacks mental capacity, they cannot revoke the EPA themselves, and the matter would need to be addressed by the Court of Protection.

2. Prepare a Deed of Revocation

To revoke an EPA, the donor must create a formal legal document known as a Deed of Revocation. This document states the donor’s intention to cancel the EPA and should include the following key information:

• The donor’s full name and address.
• The attorney’s full name and address.
• A clear statement revoking the EPA. For example: “I hereby revoke the Enduring Power of Attorney granted to [attorney’s name] on [date of EPA].”
• The date on which the revocation is being made.
• The donor’s signature to confirm their intention to revoke the EPA.
• A witness’s signature to confirm that the document has been signed by the donor.

Here is an example of a simple Deed of Revocation:

Deed of Revocation
I, [Donor’s Full Name], of [Donor’s Address], revoke the Enduring Power of Attorney granted by me to [Attorney’s Full Name], of [Attorney’s Address], on [Date the EPA was signed].

Signed: _______________ (Donor’s Signature)
Dated: _______________ (Date of Revocation)

Witnessed by:
__________________ (Witness’s Signature)
[Witness’s Full Name and Address]

3. Notify the Attorney(s)

Once the Deed of Revocation has been prepared and signed, the donor must notify the attorney(s) in writing that the EPA has been revoked. The letter should include a copy of the Deed of Revocation, so the attorney is formally informed of the revocation.

It is important to keep a copy of this letter and any correspondence for record-keeping purposes, as this may be needed as evidence if there are any disputes in the future.

4. Notify the Office of the Public Guardian (If Applicable)

If the EPA has not yet been registered with the Office of the Public Guardian (OPG), no further action is needed beyond notifying the attorney(s).

However, if the EPA has already been registered—because the donor has lost or begun to lose mental capacity—the donor (or someone acting on their behalf) must notify the OPG of the revocation. The OPG will need to be informed in writing, and they will require evidence that the revocation has been made legally, such as a copy of the Deed of Revocation.

Once the OPG has been notified, they will update their records and confirm that the EPA is no longer valid.

5. Consider Setting Up a Lasting Power of Attorney (LPA)

In many cases, when a donor revokes an EPA, they choose to set up a Lasting Power of Attorney (LPA) in its place. An LPA is more flexible than an EPA, as it allows the donor to appoint attorneys not only to manage their financial affairs but also to make decisions about their health and welfare.

Creating an LPA ensures that the donor’s affairs will continue to be managed effectively if they lose mental capacity in the future. At Blackstone Solicitors, we can assist with drafting and registering LPAs, ensuring the donor’s wishes are respected and legally documented.

Revoking an EPA When the Donor Has Lost Mental Capacity

If the donor has already lost mental capacity, they cannot revoke the EPA themselves. In such cases, it is only possible to cancel or change the EPA with the permission of the Court of Protection.

The Court of Protection may decide to revoke an EPA in the following situations:

• The attorney is not acting in the donor’s best interests or has mismanaged the donor’s financial affairs.
• The attorney is no longer able to act (due to illness, incapacity, or other reasons).
• There is evidence that the EPA was created under duress or undue influence.

To revoke an EPA under these circumstances, an application must be made to the Court of Protection, providing evidence of why the revocation is necessary. The court will review the case and decide whether to revoke the EPA and potentially appoint a new attorney.

The Importance of Legal Advice

Revoking an EPA can have significant legal and financial implications, especially if the donor’s affairs are complex or if the donor has already lost mental capacity. It’s important to ensure that the process is carried out correctly to avoid disputes and protect the donor’s interests.

At Blackstone Solicitors, we have extensive experience handling EPAs and LPAs, and we can provide expert advice on the revocation process. Whether you are a donor wishing to revoke an EPA or an attorney needing guidance, our solicitors can help you navigate the process smoothly and ensure all legal requirements are met.

Conclusion

Revoking an Enduring Power of Attorney is a straightforward process if the donor still has mental capacity, requiring the preparation of a Deed of Revocation and notification to the attorney(s). However, if the donor has lost mental capacity, the process becomes more complex and requires involvement from the Court of Protection.

It is always advisable to seek legal advice when revoking an EPA to ensure the process is legally sound and that the donor’s wishes are protected. At Blackstone Solicitors, we are here to assist with all aspects of EPAs and LPAs, from revocation to creating new powers of attorney.

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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