A Lasting Power of Attorney (LPA) is an important legal document. It allows for a trusted person (or persons) to be assigned as Attorney should there come a point in the future where the individual (the Donor) lacks capacity to make decisions for themselves.
The LPA process has several safeguards and protections in place to ensure that those assigned abide by the legislation and associated guidance. This includes the option to revoke (remove) an LPA should the Donor so decide (Mental Capacity Act, 2005, section 13). This may happen for any number of reasons, including the Attorney’s health deteriorating, or a change in relationship with the named Attorney (e.g. divorce).
To revoke an LPA, the Donor will need to write and submit a written statement known as a ‘partial deed of revocation’. The government provides a framework on how to structure this, including instructions on where to send the completed document.
However, please note: a supporting mental capacity assessment will be required if there is any reason to doubt the Donor’s capacity to make this change; or if the change could be challenged at some point in the future.
For more information on mental capacity training, consultancy or assessments, please contact us for a quote and to discuss your case.