If someone no longer wants or needs a Lasting Power of Attorney (LPA), they have the right to revoke it - provided they still have mental capacity. Whether it’s a change in circumstances, concerns about an attorney, or the LPA no longer being necessary, revoking it must be done properly to ensure it’s legally valid.
In this guide, we explain what revoking an LPA means, why it might be necessary, and how to do it correctly.
What does revocation of Lasting Power of Attorney (LPA) mean?
Revoking an LPA means officially cancelling the legal authority given to an attorney. Once revoked, the attorney can no longer make decisions on behalf of the donor. This could happen for many reasons—perhaps the donor has changed their mind, the attorney is no longer suitable, or there’s a legal issue with the arrangement.
It’s important to know that an LPA can only be revoked while the donor still has mental capacity. If they’ve already lost the ability to make informed decisions, the LPA usually stays in place—unless a legal issue means it must be cancelled.
Why would an LPA need to be revoked?
There are many reasons why someone might want or need to revoke an LPA. Some of the most common include:
1. The donor no longer wants their attorney to act
The donor may change their mind about who they want to manage their affairs. This could be because of a breakdown in the relationship, a loss of trust, or a change in circumstances.
2. The attorney is no longer suitable or willing to act
If an attorney is no longer able to take on the responsibility - due to ill health, relocation, or personal circumstances - they may step down voluntarily. In some cases, the donor may feel the attorney is no longer acting in their best interests and decide to remove them.
3. The donor wants to change their attorney
A donor might want to appoint someone else as their attorney. This could be due to family changes, such as marriage or divorce, or simply because they now have someone they trust more.
4. The LPA is no longer needed
If the donor set up an LPA for financial decisions but has recovered from an illness or is now able to manage their own affairs again, they may decide the LPA is no longer necessary.
5. Legal reasons make the LPA invalid
There are some situations where an LPA is automatically revoked by law. For example:
If the attorney dies or loses mental capacity and there is no replacement attorney listed in the LPA.
If the donor and attorney were married or in a civil partnership, and they divorce or separate (unless the LPA states otherwise).
If the Office of the Public Guardian (OPG) or a court cancels the LPA due to concerns about misuse or misconduct by the attorney.
How to revoke an LPA
If a donor wishes to revoke an LPA, they must follow the correct legal steps to ensure it is cancelled properly. Simply telling an attorney they no longer wish for them to act is not enough - formal revocation is required.
1. The donor’s mental capacity
Before an LPA can be revoked, the donor must still have mental capacity. This means they must understand:
What an LPA is and what it does
The consequences of revoking it
How their affairs will be managed after revocation
If the donor has already lost mental capacity, they cannot revoke the LPA themselves. Instead, a concerned party may need to apply to the Court of Protection to challenge the LPA.
2. Create a Deed of Revocation
To officially revoke an LPA, the donor must complete a Deed of Revocation. This is a formal document that cancels the LPA. It should include:
The donor’s full name and address
Confirmation that they have mental capacity
Details of the LPA being revoked (date, type, and attorney details)
A clear statement that the LPA is revoked
The donor’s signature, witnessed by an independent adult
The wording of the Deed of Revocation must be precise to be legally valid. When in doubt, get legal advice from a Lasting Power of Attorney solicitor to ensure the document is correctly prepared.
3. Inform the Office of the Public Guardian (OPG)
Once the Deed of Revocation is signed, the donor should send a copy to the Office of the Public Guardian (OPG), along with the original registered LPA. The OPG will update their records to reflect that the LPA has been revoked.
4. Notify the attorney(s) and relevant institutions
The donor should also inform their attorney(s) in writing that the LPA has been revoked. If the attorney had already started acting on the donor’s behalf, it’s important to notify banks, healthcare providers, and any other relevant organisations to prevent them from making further decisions.
💡 Editor's insight: If the donor wants to remove one attorney but keep the others, they can partially revoke the LPA - but only if the attorneys were appointed on a 'joint and several' basis. This means the remaining attorneys can still act independently. If they were appointed jointly, removing one attorney would cancel the whole LPA.
Other ways an LPA can end
In some cases, an LPA may end automatically without the need for formal revocation. This can happen when:
1. The donor or attorney dies
If the donor passes away, the LPA ends immediately. Any decision-making responsibility passes to the executor of the donor’s Will or the Court of Protection. If the attorney dies, loses mental capacity, or is declared bankrupt (for financial LPAs), the LPA may also end unless there is a replacement attorney listed in the document.
2. The donor and attorney divorce or separate
If the attorney was the donor’s spouse or civil partner, the LPA will automatically end if the relationship legally ends - unless the LPA states that it should continue.
3. The Court of Protection cancels the LPA
If there are concerns about the attorney’s conduct - for example, if they are misusing funds or failing to act in the donor’s best interests - the Court of Protection can step in and cancel the LPA.
FAQs
Can I revoke an LPA if I no longer trust my attorney?
Yes. As long as you still have mental capacity, you can revoke an LPA and remove an attorney if you no longer trust them. You can then create a new LPA with a different attorney if needed.
What happens if I revoke my LPA but later lose mental capacity?
If you revoke an LPA and later become unable to make decisions, no one will have automatic legal authority to act for you. Your family may need to apply to the Court of Protection for a Deputyship Order, which is a more complicated and expensive process. It’s recommended to set up a new LPA as soon as possible if you still want someone to manage your affairs in the future.
Can an attorney remove themselves from an LPA?
Yes. If an attorney no longer wishes to act, they can formally resign by completing an LPA005 form and sending it to the Office of the Public Guardian. If there are no replacement attorneys named, the LPA may become invalid.
Is there a fee to revoke an LPA?
No, the Office of the Public Guardian does not charge a fee to revoke an LPA. However, if you need legal help drafting a Deed of Revocation, there may be solicitor fees.
Final thoughts
Revoking a Lasting Power of Attorney is a straightforward process, but it’s important to follow the correct legal steps. Whether it’s due to a change in personal circumstances, concerns about an attorney, or simply because an LPA is no longer needed, ensuring it is properly revoked helps protect the donor’s wishes and avoids future complications. If you need help with the revocation process, or want to set up a new LPA, seeking professional legal advice can provide clarity and peace of mind.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.