How to Revoke or Change a Power of Attorney in the UK: Complete Guide

If you need to revoke or change a Power of Attorney (PoA) in the UK, you can do so as long as you have the mental capacity to make that decision. The key step is to create and send a legal document called a Deed of Revocation to the Office of the Public Guardian (OPG), along with the original Power of Attorney. This officially cancels the authority granted to your attorney.

You can also make changes if you want to replace or remove an attorney, but you must act while you are still able to understand the decision. If your attorney dies or can no longer act, your PoA may end unless others are appointed to take over. Knowing how to properly revoke or change a PoA ensures your affairs are managed correctly and protects your interests.

Understanding Power of Attorney in the UK

When you create a power of attorney, you give someone else the legal right to make decisions for you. This can cover your money, property, or health care. You need to know the types of power of attorney, the duties involved, and how legal registration works to manage or change it properly.

Types of Power of Attorney

There are different kinds of power of attorney in the UK. The Ordinary Power of Attorney lets someone manage your financial affairs, but only while you still have mental capacity. It usually lasts for a short time.

A Lasting Power of Attorney (LPA) is more common and lets your attorney make decisions if you lose capacity. There are two types of LPA: one for property and financial affairs, and one for health and welfare.

Before 2007, an Enduring Power of Attorney (EPA) was used. It only covers financial matters and is still valid if registered with the Court of Protection.

Key Roles and Responsibilities

An attorney is the person you choose to make decisions for you. They must act in your best interests at all times. For a property and financial affairs attorney, this means handling bills, selling property, or managing your bank accounts.

A health and welfare attorney can make decisions about your personal care and medical treatment, but only if your LPA specifically covers this. They cannot override your past wishes unless you cannot express them.

Your attorney must follow the rules set by the Office of the Public Guardian (OPG), who oversees LPAs to prevent misuse.

Legal Validity and Registration

To be valid, an LPA must be registered with the Office of the Public Guardian before an attorney can use it. Registration usually takes up to 10 weeks.

You can only create or revoke an LPA if you have mental capacity, meaning you understand what you are doing. The deed of revocation formally ends an LPA.

An EPA must be registered with the Court of Protection if the donor loses mental capacity. Without this, the attorney cannot act.

Missing registration or formal paperwork means your LPA or EPA may not be legally recognised.

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Reasons to Revoke or Change a Power of Attorney

You might need to revoke or change your Power of Attorney for several specific reasons. Changes in your personal life, concerns about your attorney’s ability, shifting levels of trust, or legal requirements can all make it necessary to update or cancel your LPA or EPA.

Life Changes and Relationship Breakdown

Significant life events often affect your choice of attorney. If you get divorced or end a civil partnership with an attorney, your LPA for health and welfare or property and financial affairs may no longer reflect your wishes.

Other life changes such as moving house, marrying, or changing your financial situation can also make you consider changing your attorney. You may want to add a new attorney or replace one who is no longer suitable.

If you die, your LPA automatically ends. Your appointed attorneys lose their powers, and your executors take over your affairs.

Attorney’s Inability or Unsuitability

Your attorney needs to be able to carry out their duties properly. If your attorney loses mental capacity, becomes bankrupt (if handling finances), or can’ t perform their role for any reason, you may need to revoke or change your LPA.

You can also revoke the power if your attorney is not acting in your best interests or is misusing their authority. The Court of Protection can remove an unsuitable attorney, but you can also act if you have the mental capacity.

In cases where your only appointed attorney dies, your LPA ends unless you have named replacement attorneys. Having multiple attorneys acting jointly and severally can prevent your LPA from ending in such cases.

Loss or Change of Trust

Trust is essential when you appoint an attorney. If you lose trust because the attorney is mismanaging your property and financial affairs or making health and welfare decisions you disagree with, revocation or replacement is an option.

Changes in family relationships or conflicts may cause you to doubt your attorney’s loyalty or intentions. You should act quickly to revoke or alter your LPA to protect your interests.

You must have mental capacity to revoke your LPA yourself. If not, you or someone acting on your behalf will need court permission.

Legal or Procedural Requirements

You can only revoke or change your Power of Attorney if you have mental capacity to understand the decision. This means you can make your own choices and communicate them clearly.

To revoke your LPA, you must send the original document and a ‘deed of revocation’ to the Office of the Public Guardian (OPG). The deed must state your decision clearly and be signed by you and a witness.

If you want to make changes instead of revoking, you may need to create a new power of attorney. Certain changes cannot be added to an existing LPA.

If your attorney divorces you or becomes bankrupt, the law may automatically end or suspend their authority. You should inform the OPG of these changes to keep your LPA valid.

How to Revoke an Ordinary Power of Attorney

To revoke an ordinary power of attorney, you must follow specific steps to end the attorney's legal authority properly. This involves creating a formal written notice, informing anyone who relies on the power of attorney, and understanding how mental capacity affects the revocation process.

Written Notice for Revocation

You need to create a deed of revocation to cancel your ordinary power of attorney. This is a formal, written document stating clearly that you are taking back the powers you granted. The deed should include your full name, address, the date you gave the power of attorney, and the name of your attorney.

You must sign the deed in front of a witness. The witness also signs and provides their full name and address. This document is proof that you have legally ended the attorney’s power.

Once signed, send the original deed of revocation to anyone who holds the original power of attorney, including the attorney and any organisations or banks that may have dealt with the attorney on your behalf.

Notification of Third Parties

After revoking your power of attorney, you must notify all third parties who interact with your attorney. This includes your bank, healthcare providers, and government offices.

Informing these parties avoids confusion and stops your attorney from acting on your behalf. You should provide copies of your deed of revocation to each party to confirm the power of attorney is no longer valid.

If you fail to notify these third parties, they may continue to accept decisions or payments from the attorney, which could cause problems or liabilities.

Automatic Termination and Mental Capacity

Your ability to revoke an ordinary power of attorney depends on your mental capacity. You must fully understand the decision to cancel the power of attorney when you do it.

If you lose mental capacity, you cannot revoke the power yourself. Only the court or a deputy appointed by the court can then make changes or end the attorney’s powers.

Certain events will automatically end an ordinary power of attorney. These include your death or if your attorney dies or becomes bankrupt. It is your responsibility to keep track of these changes and inform relevant bodies when they happen.

Revoking a Lasting Power of Attorney (LPA)

You can cancel your lasting power of attorney (LPA) if you still have the mental capacity to make that choice. Revoking your LPA involves making a formal document and properly notifying the Office of the Public Guardian (OPG). You must also ensure relevant people are informed to avoid confusion.

Requirements for Deed of Revocation

To revoke your LPA, you need to create a deed of revocation. This legal document must include specific details like your name, address, the date your LPA was made, and the names and addresses of your attorneys. You clearly state that you are cancelling the LPA and all authority given to your attorneys.

You must sign the deed of revocation in front of an independent witness. The witness will sign, add their full name and address. You should delete any unnecessary wording depending on whether your LPA is for property and financial affairs or health and welfare.

Submitting Documents to the Office of the Public Guardian

Once your deed of revocation is complete, you must send it to the Office of the Public Guardian (OPG) along with the original LPA document. The OPG only registers the cancellation after receiving these.

Use the following contact details:

Contact Detail	Information
Postal Address	Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH
Phone	0300 456 0300

If you do not have the original LPA, inform the OPG promptly. They may guide you on how to proceed.

Informing Attorneys and Relevant Institutions

After you notify the OPG, it’s important to inform your attorneys that the LPA is revoked. This prevents them from continuing to act on your behalf.

You should also tell banks, doctors, or other institutions where your attorneys have acted. This will stop attorneys from making further decisions for you concerning property, finance, or health and welfare.

If your attorney dies or no longer can make decisions, your LPA may end automatically, but you still must notify the OPG with relevant documents to keep your records accurate.

How to Revoke an Enduring Power of Attorney (EPA)

You can cancel an Enduring Power of Attorney (EPA) if you still have mental capacity. The process differs depending on whether the EPA has been registered or not. You must follow specific steps to ensure the revocation is valid and properly notified.

Unregistered EPA Revocation Process

If your EPA has not been registered, you can revoke it by creating a deed of revocation. This is a legal document stating that you cancel the authority given to your attorney.

The deed must include:

• Your full name and address

• The date you signed the EPA

• The name and address of each attorney

• A clear statement that the EPA is revoked

You and a witness must both sign and date the deed of revocation. Keep this document with the original EPA form. Do not send them to the Office of the Public Guardian.

After revocation, you must inform your attorney or attorneys in writing. You should also notify any banks or financial institutions involved so they know the EPA is no longer valid.

Revoking a Registered EPA Through the Court of Protection

If the EPA has already been registered with the Office of the Public Guardian, you cannot revoke it by deed alone. You need to apply to the Court of Protection to cancel the EPA.

You must complete forms COP1 and COP24 and pay a court fee, which is currently £421. The application requires evidence that you still have mental capacity to make this decision.

Send the completed forms, the fee, and any supporting documents to the Court of Protection’s address:

• PO Box 70185

• First Avenue House

• 42-49 High Holborn

• London WC1A 9JA

The court aims to make a decision within 16 weeks. If your application is successful, the Court will officially end the EPA.

Key Considerations and Documentation

Before revoking an EPA, confirm you have mental capacity to make financial and legal decisions. If your capacity is in doubt, the process may become more complex.

When revoking, keep these points in mind:

• Deed of revocation: Needed for unregistered EPAs and must be witnessed.

• Notifying attorneys and financial providers: Crucial to avoid confusion about authority.

• Court of Protection involvement: Required for registered EPAs, with specific forms and fees.

• Mental capacity evidence: May be requested by the Court during the revocation process.

• EPA ends on your death: Your attorneys must notify the Office of the Public Guardian when this happens.

Organise all documentation carefully and retain copies of everything you send or receive during this process.

Changing or Amending a Power of Attorney

You can change a Power of Attorney (POA) by removing attorneys, updating details, or making a new document. Some changes require specific legal steps and notifying relevant bodies. This ensures your wishes are clear and legally effective.

Partial Deed of Revocation and Removing an Attorney

If you want to remove one attorney from your Lasting Power of Attorney (LPA), you can use a partial deed of revocation. This is a formal written statement that cancels the authority of one or more attorneys while keeping the rest of the LPA intact.

You must still have mental capacity to make this change. The partial deed includes details like your name, the date you granted the LPA, and the attorney you want removed. Both you and a witness must sign this document.

Once completed, send the partial deed and the original LPA to the Office of the Public Guardian (OPG). You also need to tell all current attorneys about the change to keep everything transparent.

Making a New Power of Attorney

Sometimes it’s best to end your existing Power of Attorney entirely and make a new one. This happens if you want to add new attorneys or significantly change who holds power.

You cannot simply add attorneys to an existing LPA. You must cancel the current document legally and start a new application. The new LPA will replace the old one once registered.

To end your old LPA, send a revocation form to the OPG, and get confirmation that it has been cancelled. Then, fill out a new LPA form online or by paper, and register it officially before it can be used.

Updating Attorney Details

You can update details of your attorneys, like their address or contact information, without making a new LPA. This keeps records accurate and ensures communication flows correctly.

It is important to notify the OPG about any such updates. Usually, you write to the OPG with the updated details and provide proof if needed.

However, you can only update minor details this way. If you want to change who your attorneys are or their role, you must use a partial deed of revocation or create a new LPA.

Steps for Transferring Powers

Transferring powers means giving another person the authority to act instead of an existing attorney. This is not automatic in an LPA and usually requires revoking the current attorney’s power and appointing someone new.

You start by drafting a revocation document, like a partial or full deed of revocation, depending on what you want to change. Then you either add a new attorney through a new LPA or a fresh application.

The OPG must receive all legal documents, including the original LPA and the deed of revocation. Notify all involved attorneys and those affected by the change to avoid confusion or disputes.

Always check that you have mental capacity before transferring powers, as the law requires this to make changes valid.

Important Considerations and Legal Safeguards

Revoking or changing a lasting power of attorney involves legal steps that depend heavily on your mental capacity and the role of official bodies. Certain cases may require court involvement to protect your interests or resolve disputes. Understanding these factors helps you handle the process correctly.

Mental Capacity and Its Impact

You must have mental capacity to revoke or change your lasting power of attorney. Mental capacity means you can understand the decision you are making and its consequences. If you lack this capacity, your LPA cannot be ended or altered by you.

Mental capacity must be clear at the time of revoking. If there is doubt, doctors or specialists might need to assess you. Without capacity, the Court of Protection can step in to make decisions instead, protecting you from unwise or forced changes.

You should also be aware that once mental capacity is lost, your attorney gains full authority to act. You can only revoke or alter your LPA before this point. This safeguard ensures that decisions are made by someone fit to decide.

Role of the Office of the Public Guardian

The Office of the Public Guardian (OPG) oversees lasting powers of attorney in England and Wales. When you revoke your LPA, you must send a deed of revocation to the OPG along with the original LPA document.

The OPG registers your revocation and updates its records. It also monitors attorneys to ensure they act properly. If you report concerns about your attorney’s behaviour, the OPG can investigate.

If your attorney dies or can no longer act, you must notify the OPG. They will advise you on next steps, such as appointing replacement attorneys or ending the LPA if none remain. The OPG keeps the process transparent and legally secure.

When Court Intervention Is Required

Sometimes problems arise that need the Court of Protection’s involvement. If you lose mental capacity and cannot revoke your LPA, the court can remove or replace attorneys if they act wrongly or if there are disputes.

The court may also become involved if there is confusion about your mental capacity. They can make rulings on whether the LPA can be changed or ended and protect you from exploitation or abuse.

If you or others want to challenge an attorney’s behaviour or decisions, applying to the Court of Protection is necessary. It provides a legal way to resolve conflicts and ensure your welfare is upheld through proper oversight.

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