If a Lasting Power of Attorney has been registered, strict protocols come into effect, with the result that any changes may mean the document is not valid. This means it must be cancelled and a new LPA created. Here we look at when changes are required and how they are done.
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Replacing an attorney
If an LPA has been registered, an attorney can be removed without creating a new document. You can use a partial deed of revocation to remove an attorney if they are not suitable to continue in their role. The donor must sign this document and the LPA’s other powers will not be affected. The Office of the Public Guardian must be notified.
Automatic removal of attorneys
Sometimes, attorneys will automatically be removed if they pre-decease the donor or become mentally unfit to carry out their duties. Should an attorney die and decisions are to be made jointly with another attorney, or there is a single attorney, the LPA will be cancelled. If an attorney dies, the OPG must be told and sent a certified copy of a death certificate.
Update details
A change of name or address of either a donor or attorney must be passed on to the OPG to ensure all records of the LPA are accurate and up to date. This must be in written form and include any relevant certificates for a change of name to ensure the LPA remains valid.
