Before we delve into the process of revoking an LPA, let’s briefly recap what an LPA is. A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity or are unable to communicate. There are two types of LPAs:
- Property and Financial Affairs LPA: This allows your appointed attorney to manage your financial affairs, such as paying bills, selling property, and making investments.
- Health and Welfare LPA: This allows your appointed attorney to make decisions about your health and welfare, such as where you live, what medical treatment you receive, and who can visit you.
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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.
Reasons to Revoke an LPA
There are several reasons why you might want to revoke an LPA, including:
- The appointed attorney is no longer suitable or reliable.
- Your circumstances have changed, and you no longer want the attorney to have authority over your affairs.
- You have created a new LPA and want to revoke the old one.
- You have regained mental capacity and no longer need an LPA.
How to Revoke an LPA
The process of revoking an LPA depends on whether the LPA has been registered with the Court of Protection.
Revoking an Unregistered LPA
If your LPA has not been registered with the Court of Protection, you can revoke it by:
- Creating a new LPA: If you want to appoint a new attorney, you can create a new LPA and revoke the old one.
- Writing a letter of revocation: You can write a letter stating your intention to revoke the LPA. This letter should be signed and witnessed.
Revoking a Registered LPA
If your LPA has been registered with the Court of Protection, you will need to submit a notice of revocation to the Court. This notice should include the following information:
- Your name and address
- The name and address of your appointed attorney
- The date the LPA was registered
- The reason for revoking the LPA
Once the Court receives your notice of revocation, it will register it and notify your appointed attorney. The revocation will take effect immediately.
Important Considerations
When revoking an LPA, keep the following points in mind:
- Notify your attorney: If you are revoking an LPA, it is important to notify your appointed attorney of your decision.
- Consider the implications: Revoking an LPA can have significant implications. It is essential to carefully consider your decision and seek legal advice if necessary.
- Create a new LPA: If you are revoking an LPA and want to appoint a new attorney, you will need to create a new LPA.
- Court fees: There may be court fees associated with revoking a registered LPA.
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.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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