If you are one of the thousands of UK citizens who have created a power of attorney, you will need to know whether you can revoke the document and how to do it.
Power of Attorney Online
Before we look in more detail at these conditions, it is worth remembering that you can find information online at sites such as https://powerofattorneyonline.co.uk/. There, you will find comprehensive details on how to create an LPA and the appointment of attorneys.
Who can override a power of attorney?
Challenges may result from concerns about fraud, capacity, undue influence or actions of an attorney which are deemed to be not in the best interests of the donor of the power. Provided they retain capacity, the donor themselves can terminate the LPA.
There may be other people who can challenge it if they are listed in the document, and attorneys can also raise objections. Family members may have concerns, too, although they may be unaware of the existence of the deed for some time.
Those notified of the registration of the LPA have three weeks to register objections.
How does a donor end an LPA?
The donor can end an LPA if they retain the mental capacity to do so. This could be because of any of the circumstances mentioned above, or because they are no longer suffering from the illness which prompted the creation of the LPA.
You need to provide the original LPA along with a statement. This is referred to as the “deed of revocation”. The Office of the Public Guardian has provided a template for the deed.
Grounds to override an LPA
There may be factual grounds, such as the death of a donor or attorney, or the bankruptcy of either of them.
Also, if the donor or one of the attorneys was married and has now divorced, or was in a civil partnership which has ended, the LPA can be terminated.
If an attorney no longer has the mental capacity to act on the donor’s behalf, steps can be taken to override the deed.
