How to Revoke a Lasting Power of Attorney in the UK

A Lasting Power of Attorney is a powerful legal document that allows a person to appoint someone to make decisions on their behalf if they become unable to do so. However, circumstances change. The donor might lose confidence in their chosen attorney, experience a change in relationship, or simply decide they no longer need the arrangement. The question of can an LPA be cancelled UK is one that arises frequently. If the donor retains mental capacity, they have the right to revoke the LPA at any time. This guide explains how revoking an LPA UK works, the process involved, and what needs to be considered before taking this step.

What Is LPA Revocation?

Revoking an LPA means cancelling the legal authority given to the attorney. This is different from removing an attorney or amending the document. When an LPA is revoked, the entire power of attorney is terminated, and the chosen attorney can no longer act on behalf of the donor.

Revocation can only happen while the donor has mental capacity to make the decision. This is a fundamental principle in UK law. Once capacity is lost, the LPA cannot be revoked by the donor. At that point, only the Court of Protection can intervene if there are serious concerns about how the attorney is acting. Understanding this distinction is crucial, as it emphasises the importance of taking action while the ability to do so is still present.

When Revocation Might Be Appropriate

Common reasons for revocation include loss of trust in the attorney, relationship breakdown, or changes in personal circumstances that make the arrangement unnecessary or unsuitable.

People revoke LPAs for various legitimate reasons. The relationship with the chosen attorney might have deteriorated, or the attorney may have moved abroad and become unavailable. Some people appointed their attorney in haste and later realise the person is not right for the role. Others might create a new LPA with different attorneys and want to cancel the old one to avoid confusion. Whatever the reason, the law recognises the right to make this change while capacity remains. The key is acting decisively rather than delaying until capacity becomes uncertain.

What Is The Legal Process for Revoking a Registered LPA?

Revocation requires written notice to the Office of the Public Guardian and formal notification to the attorney. The process varies depending on whether the LPA has been registered.

To revoke an unregistered LPA, the donor simply notifies the attorney in writing that the power of attorney is revoked. There is no requirement to inform the Office of the Public Guardian if the document was never registered. However, it is good practice to do so, as this creates a clear record. For registered LPAs, the process is more formal. A revocation form must be completed and sent to the Office of the Public Guardian. They will process the revocation and issue a confirmation once it is complete. During this time, the attorney may still be able to act, so prompt notification is important.

What Is Notifying the Office of the Public Guardian?

The Office of the Public Guardian maintains the register of all LPAs in England and Wales. Notifying them of the revocation ensures the document is removed from the register and prevents future misuse.

The Office of the Public Guardian provides a revocation form that must be completed and returned. The form requires the donor’s name, the LPA reference number, and details of the decision. Once received, the Office will verify the donor’s identity and capacity to make the decision. This process typically takes several weeks. During this period, the attorney should be notified separately in writing to ensure they are aware of the revocation. The Office will confirm in writing once the revocation is complete and the LPA has been removed from the register.

What Is Informing the Attorney?

The chosen attorney must be formally notified of the revocation in writing. This ensures they understand that their authority has ended and prevents any further actions taken under the LPA.

A clear written notice should be sent stating that the Lasting Power of Attorney is being revoked. The notice should include the date, the LPA reference number if available, and be direct and unambiguous. The attorney should acknowledge receipt. If they refuse to acknowledge or continue acting after revocation, legal advice may be necessary. Keep detailed records of all correspondence related to the revocation process, including dates of written notices and any responses received.

What Is Capacity and Revocation?

The ability to revoke depends entirely on whether the donor has mental capacity to make the decision. Loss of capacity prevents revocation but does not invalidate an existing LPA.

The law assumes a person has capacity unless proven otherwise. However, if there is uncertainty about capacity, or if others have raised concerns, it may be wise to seek legal advice before revoking. A solicitor can advise on capacity and help document the decision making process. If capacity is lost after revoking the LPA, the revocation stands and cannot be reversed by anyone else. This is why timing is important. If there are concerns about future capacity, LPA arrangements should be addressed while the ability to make informed decisions is clear.

What Is Creating a New LPA After Revocation?

After revoking an LPA, the donor may wish to create a new one with different arrangements or attorneys. This can be done at any time while capacity remains.

A new LPA is a completely separate document from the revoked one. Different attorneys can be appointed, different conditions set, or the scope of powers changed. Consider why the original LPA was revoked when deciding on new arrangements. If concerns related to a particular attorney, choosing the right attorney more carefully this time is essential. If revocation occurred because circumstances changed, adjust the new LPA to reflect the current situation. Follow the LPA registration process carefully to ensure the new document is valid.

There is now a formal whistleblowing system at the Office of the Public Guardian for reporting attorneys who are not acting in a donor’s best interests. The OPG’s records are now searchable, which is useful in situations, not uncommon, where someone has paid for a document and believed it to be registered when in fact it never was. At Elwyn & Mabel, we ensure every document is properly registered and provides confirmation to the client once registration is complete. Want to get started with your Lasting Power of Attorney? Download the checklist to get started:

Frequently Asked Questions

Can an LPA be revoked without telling the attorney?

Technically yes, but it is not advisable. The attorney must be formally notified to ensure they understand their authority has ended and to prevent further actions under the LPA. Failure to notify them could lead to complications if they unknowingly continue acting on behalf of the donor.

What if the attorney refuses to accept the revocation?

They have no legal choice but to accept it. Once formal notification has been provided in writing and the Office of the Public Guardian has been informed, the attorney’s authority ends. If they continue acting, they may be doing so without legal authority, which could expose them to liability.

Can an LPA be revoked if the donor lacks capacity?

No. Revocation requires mental capacity to make the decision. If capacity has been lost, only the Court of Protection can intervene if there are concerns about the attorney. This is why taking action while capacity remains is crucial.

How long does it take to revoke a registered LPA?

Revocation typically takes several weeks after the Office of the Public Guardian receives the completed form. The exact timeline varies depending on how busy the Office is and whether there are any complications. Contact the Office to check the status of the revocation.

Can part of an LPA be revoked instead of the whole thing?

No. Only the entire LPA can be revoked. If the aim is to change specific terms or remove one attorney while keeping another, the current LPA would need to be revoked and a new one created with the updated arrangements.

TL;DR: How to Revoke a Lasting Power of Attorney in the UK

Revoking an LPA is the right of any donor who retains mental capacity. The process involves formal written notice to the attorney and notification to the Office of the Public Guardian.

• An LPA can be revoked at any time while the donor has mental capacity.
• The attorney must be notified in writing and the Office of the Public Guardian informed.
• For registered LPAs, a revocation form must be submitted to the Office of the Public Guardian.
• Keep records of all revocation notices and correspondence.
• Plan for the gap in decision making authority that revocation creates.
• Consider creating a new LPA if legal representation is still needed.

More From Elwyn & Mabel

Creating a Lasting Power of Attorney is one of the most important steps in planning for the future. Download the free Lasting Power of Attorney Checklist for a step by step guide to getting your LPA in place, explained in plain language.

For personalised guidance on creating a Lasting Power of Attorney or any aspect of estate planning, book a free consultation with Elwyn & Mabel. The team will answer questions, review individual circumstances, and help put the right plan in place.