Introduction
A Lasting Power of Attorney (LPA) is a legal document that allows someone to appoint one or more individuals, known as attorneys, to make decisions on their behalf if they become unable to do so themselves due to illness, disability, or other circumstances. While choosing the right attorney is crucial, situations may arise where you need to remove an attorney from your LPA. This blog will guide you through the process of removing an attorney from your LPA.
Understanding the LPA
Before we delve into the process of removing an attorney, it’s essential to understand the different types of LPAs in the UK:
- Property and Financial Affairs LPA: This allows your attorney to manage your finances, property, and assets on your behalf.
- Health and Welfare LPA: This empowers your attorney to make decisions about your healthcare, medical treatment, and daily care.
Depending on your circumstances, you may need to remove an attorney from either or both types of LPAs.
Reasons for Removing an Attorney
There can be various reasons for wanting to remove an attorney from your LPA, including:
- Loss of Trust: If you no longer trust your attorney to act in your best interests.
- Incompetence or Mismanagement: If your attorney is not handling your affairs properly or is incapable of doing so.
- Personal Conflict: If you and your attorney have had a falling out or a personal dispute that hinders their ability to make decisions on your behalf.
Steps to Remove an Attorney from Your LPA
- Review Your LPA Document: Start by carefully reviewing your LPA document to ensure you have the legal authority to remove an attorney. Consult a solicitor if you are unsure about the terms and conditions.
- Choose a Replacement Attorney: If you are removing an attorney from your LPA, you may need to appoint a replacement attorney if you still want someone to act on your behalf. Ensure the replacement attorney is willing and able to take on the responsibility.
- Complete the LPA Revocation Form: To officially remove an attorney from your LPA, you must complete the LPA revocation form. This form can be obtained from the Office of the Public Guardian (OPG) or downloaded from their website. The form requires your details, the attorney’s details, and the replacement attorney’s details (if applicable).
- Notify the Attorney: You should inform the attorney you wish to remove about your decision. This is often done in writing to ensure there is a record of the communication.
- Witness and Sign the Form: You must sign the LPA revocation form in the presence of an independent witness. The witness must also sign the form. The witness cannot be the attorney or the replacement attorney if you are appointing one.
- Send the Form to the OPG: Once the form is completed and signed, send it to the Office of the Public Guardian. There may be a small fee associated with this process, so check the current fee structure on the OPG website.
- Notify Relevant Parties: Inform any institutions or individuals that interacted with the attorney about the revocation of their authority. This could include banks, healthcare providers, and care homes.
- Register the New LPA (if applicable): If you have appointed a replacement attorney, you may need to register the new LPA with the OPG. The registration process ensures the legality of the new attorney’s authority.
Conclusion
Removing an attorney from your LPA is a legal process that must be done correctly to protect your interests. It’s essential to follow the appropriate steps, including notifying the attorney and completing the necessary forms. Consulting with a solicitor who specializes in this area of law can provide valuable guidance and ensure that you navigate the process smoothly. Always remember that an LPA is a powerful legal document, and its management should be approached with care and consideration for your best interests.P
Please get in touch if you would like any help with creating or altering an LPA on 0161 850 9911.