How Do I Cancel A Lasting Power Of Attorney?
If you currently have a Lasting Power of Attorney registered with the office of the Public Guardian and there have been changes in your circumstances or wishes. For example, you no longer wish the attorneys you named to act should you lose the mental capacity to manage your own affairs.
Then you will need to Revoke the Lasting Power of Attorney by sending a deed of revocation to the office of the public guardian.
A Lasting Power of Attorney cannot be amended after execution. This is because there is no scope in the mental capacity act 2005 for an amendment to be made after execution.
How to revoke a Lasting Power of Attorney
The donor may revoke a Lasting Power of Attorney before or after registration. Provided the donor has the mental capacity to revoke it. The following wording may be used or adapted as appropriate, where the LPA has already been registered.
Example of a ‘deed of revocation’
THIS DEED OF REVOCATION is made by [donor’s name] of [donor’s address]
- 1. I granted a Lasting Power of Attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the LPA] appointing [name of attorney 1] of [address of attorney 1] and [name of attorney 2] of [address of attorney 2] to act as my attorney(s)
- 2. I revoke the Lasting Power of Attorney and the authority granted by it Signed and delivered as a deed [donor’s signature] Date Signed [date] Witnessed by [signature of Witness]
Full name of Witness [name of Witness] Address of Witness [address of Witness]
If the LPA has not been registered, the words “instrument intended to create a Lasting Power of Attorney” should be used instead of “Lasting Power of Attorney”. Because in law the instrument does not become an LPA until it is registered.
You must be able to make your own decisions when you cancel.
Once completed send the deed of revocation to the Office of the Public Guardian with the original documents.
The Address to send it to is:-
Office of the Public Guardian
PO Box 16185