Revoking or Changing a Lasting Power of Attorney

A lasting power of attorney (LPA) is a legally powerful document that allows you to appoint one or more trusted individuals (attorneys) to make decisions on your behalf if you lose mental capacity. There may come a time when you need to revoke an existing LPA or make changes to it - for example, to remove an attorney, update contact details, or replace the LPA with a new version. This article explains the legal rules and practical steps for revoking or changing an LPA in England and Wales. It is based on current guidance from the Office of the Public Guardian (OPG) and other authoritative sources.

Why You Might Revoke or Change an LPA

People make LPAs to protect their future decision‑making in areas such as financial affairs and personal welfare. However, circumstances change. You may:

• No longer trust or wish one of your attorneys to act for you
• Want to appoint new attorneys
• Need to update details following a change of name or address
• Decide that the existing LPA no longer reflects your wishes

To address these situations legally and clearly, you must follow specific procedures outlined by the Mental Capacity Act 2005 and administered by the Office of the Public Guardian (OPG).

Mental Capacity and Your Ability to Revoke or Change an LPA

A key legal requirement for revoking or changing an LPA is that you must have mental capacity at the time of the change. Under the Mental Capacity Act 2005, capacity means you understand the nature and effect of what you are doing, can retain relevant information, weigh that information, and communicate a decision. If you lack capacity, an LPA generally cannot be revoked by you directly, and other legal processes such as a deputyship application to the Court of Protection may be necessary.

How to Revoke an Entire LPA

Step‑by‑Step: Full Revocation

If you want to cancel an entire LPA - whether for property and financial affairs or health and welfare - and you still have mental capacity, you must:

1. Prepare a deed of revocation setting out your intention to revoke the LPA. This must include the original details of the LPA, including the date it was signed and the names of the attorneys.
2. Sign and witness the deed of revocation in accordance with legal formalities.
3. Send the original LPA document and the deed of revocation to the Office of the Public Guardian.

A sample deed of revocation wording is provided in official guidance and must be used accurately to avoid invalidation. Once the OPG records the revocation, the LPA can no longer be used. You should also notify your attorneys and any organisations holding copies of the LPA that it has been revoked.

How to Make Partial Changes to an LPA

Removing an Attorney

If you have more than one attorney and wish to remove one of them, you do not need to revoke the whole LPA. Instead, you can prepare a partial deed of revocation that:

• Specifies which attorney is being removed
• Uses prescribed wording
• Is signed, witnessed and submitted to the OPG along with the original LPA

Once processed by the OPG, the specified attorney's authority is terminated while the rest of the LPA remains in force. You must inform all attorneys when a partial revocation is made.

Updating Names or Addresses

You should notify the OPG if you or one of your attorneys changes name (for example by marriage or deed poll) or changes address. Send the OPG certified evidence of a name change or simply advise of an address change. Do not make handwritten amendments directly to the LPA document as this may invalidate it.

Changes Due to an Attorney's Circumstances

Certain life events automatically affect an attorney's role:

• Death of an attorney
• Attorney loses mental capacity
• Attorney divorces or ends a civil partnership with you (if they were your spouse or partner and no express direction to continue is included in the LPA)
• Attorney becomes bankrupt (for property and financial affairs LPAs)

In these cases, you or another attorney must notify the OPG and provide any required evidence. The OPG will update or cancel the LPA accordingly.

Making a New LPA When Change Is Needed

In many instances it is not possible to amend an LPA directly once registered. If you want to add new attorneys, change the scope of the authority, or otherwise update key terms, the practical approach is to:

1. End the existing LPA by revocation if you still have capacity;
2. Prepare a new LPA with the updated terms or appointments; and
3. Register the new LPA with the OPG.

This ensures the replacement document reflects your current wishes without legal uncertainty.

Attorneys Choosing to Stop Acting

An attorney may choose to resign from their role. This is known as disclaiming the LPA. An attorney who no longer wishes to act must complete the appropriate form, notify you (the donor), any other attorneys, and the OPG if the LPA is registered. Their authority then ceases and, subject to the terms of the LPA, any replacement attorneys may step in.

What Happens When an LPA Ends Automatically

An LPA will automatically end in certain circumstances:

• When the donor dies - at which point executors or personal representatives take over responsibility for the donor's affairs;
• If an attorney's status changes in specific ways that remove their authority and no replacements exist; or
• If the donor loses capacity before revocation, in which case direct revocation by the donor is no longer possible.

You must notify the OPG promptly about changes that affect the validity or operation of an LPA so that records remain up to date.

Risks and Practical Considerations

Capacity and Disputes

Revoking or changing an LPA when there is doubt about the donor's capacity can lead to legal challenge and referral to the Court of Protection. It is important to obtain clear evidence of capacity if the situation is contested.

Proper Documentation

Using the prescribed language for deeds of revocation and ensuring documents are correctly witnessed helps avoid administrative rejection by the OPG and ensures your intentions are legally effective.

Professional Advice

For complex situations, solicitors can assist with drafting accurate deeds of revocation, advising on attorneys' obligations, and helping with submissions to the Office of the Public Guardian.

Key Takeaways

Revoking or changing a lasting power of attorney in England and Wales is possible, but it requires specific legal steps and the donor must have mental capacity. You can end an entire LPA by sending a deed of revocation to the Office of the Public Guardian or remove an individual attorney with a partial deed of revocation. Other changes, such as updates to names or addresses, must be notified to the OPG without altering the LPA document itself. In many cases where substantive changes are needed, the recommended approach is to revoke the existing LPA and create a new one. Prompt notification, accurate documentation, and awareness of capacity requirements reduce the risk of administrative issues or legal challenge.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.