The Lasting Power of Attorney – LPA – was introduced in England and Wales in 2007 to replace the Enduring Power of Attorney. One of the most significant changes was the introduction of a mechanism whereby the donor can appoint replacement attorneys.
When would a replacement be necessary?
The person who makes the LPA is the “donor”, giving power to others – the “attorneys” – to make decisions on their behalf. A “replacement attorney” is named as a substitute who can take over from an attorney if they can no longer fulfil their duties. This might happen because the original attorney has died, lost mental capacity, become bankrupt or simply decided to step down, which is known as “disclaiming”.
The provision is available whether the donor makes the LPA online or by conventional paper methods, directly via gov.uk or with the help of a professional service like //powerofattorneyonline.co.uk/.
What happens after replacement?
When the replacement attorney takes over, the donor or their lawyer must notify the Office of the Public Guardian so the records can be updated. The authority of the replacement replicates the role of the original attorney, covering the same property and financial decisions, health and care, or both, depending on the nature of the LPA.
Because LPAs can specify whether attorneys act jointly, jointly and severally, or in a combination of both, the authority of the replacement will be subject to the same arrangement. This is an important measure to consider when planning a future that may one day depend on the efficient functioning of the LPA.
