Our Wills, Probate and Trusts Team is regularly asked about the Lasting Power of Attorney (LPA) and how it works. We are experts in drafting LPAs and advising in respect of them.
We can also act as attorneys for our clients and our expert lawyers act with compassion for every case.
This article has been prepared by our Wills, Probate and Trusts Team to help you understand more about an LPA and how long it lasts.
What is an LPA?
A Lasting Power of Attorney is a legal document that allows someone to act on your behalf in dealing with your affairs, should you become unable to do this yourself.
There are two LPAs that can be put in place:
- Health and welfare – You can nominate someone as an attorney to make medical decisions or for example, to arrange a move from your home into a care home.
- Property and financial affairs – This attorney would make choices regarding your bank accounts and selling any property you may own.
You can hold on to your LPA until it is needed or register it with the Office of the Public Guardian (OPG).
When does an LPA end?
There are several circumstances whereby you may wish to revoke an LPA. For example:
- Your relationship with the chosen attorney changes and you want to find someone else to act instead
- Your attorney becomes ill themselves or is getting too old and they might struggle to handle your affairs
- Your attorney moves away
A registered LPA can be easily revoked by making a written deed of revocation and sending it to the OPG with the original LPA. Any attorneys appointed under the LPA must be notified.
Can an LPA end automatically?
Yes – if the person you have appointed to be your attorney:
- Dies or loses the mental capacity to act
- Is your spouse or civil partner and you divorce
- Is declared bankrupt or is the subject of a debt relief order
- Is not acting in the best interests of the appointee and is removed by the Court of Protection
Can I change the LPA details?
Yes. All you need to do is sign a partial deed of revocation if there is one attorney to be removed. Both the OPG and the attorney must be notified.
If you wish to end or alter a Lasting Power of Attorney, this should be done whilst you have mental capacity and it is important to follow the correct procedure. Our lawyers here at Marsden Rawsthorn will ensure that the correct documentation is completed for changes to take effect and will guide you through the process.
If you’d like help or advice putting an LPA in place or revoking one, any one of the lawyers in our Wills, Probate and Trusts department at each of our offices can assist.
Whether your nearest office be Buckshaw Village or Fulwood you can make contact with us by calling 01772 799 600.