How to change Lasting Power of Attorney

Many people choose to set up a Lasting Power of Attorney. There may come a time when you wish to give that responsibility to a different person. This article explains how to change Power of Attorney.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document in which you assign somebody the power to make decisions on your behalf, in the event that you ever lose the mental capacity to do so yourself.

Mental capacity is the ability to make informed decisions, including understanding and remembering relevant information then using that information to make a decision. You may lose mental capacity due to dementia, other damage to the brain or a mental health condition.

The LPA only comes into effect if you lose mental capacity and are formally assessed as having done so. Simply being diagnosed with a condition like dementia does not bring the LPA into effect, it has to be a separate assessment.

Appointing an attorney enables that person, or people, to make important decisions about your finances, property, health and care. It is not for small decisions like what to have for dinner or where to go on holiday – those remain your right to choose, regardless of whether you have mental capacity.

Types of Power of Attorney

There are variations in types of Power of Attorney between UK countries.

In England and Wales, there are two types of Lasting Power of Attorney:

• Health and welfare LPA – for decisions related to your care and medical treatment
• Property and finance LPA – for decisions related to your property and finances

If you made an Enduring Power of Attorney (EPA) before October 2007, it should still be legally binding. EPAs were replaced by LPAs in that month but existing EPAs are usually still valid.

In Scotland, there are two types of long-lasting powers of attorney:

• Continuing Power of Attorney (CPoA) – for decisions related to your property and finances
• Welfare Power of Attorney (WPA) – for decisions related to your health, welfare and care

In Northern Ireland, the long-lasting power of attorney is called an Enduring Power of Attorney (EPA). It is only for decisions about property and finance. Decisions about your health, care and welfare are typically down to your next of kin.

Temporary Power of Attorney

Lasting, continuing, welfare and enduring Powers of Attorney are intended to be long-lasting.

You can set up a temporary Power of Attorney for a short period or fixed period of time.

These are:

• Ordinary Power of Attorney (England and Wales)
• General Power of Attorney (Scotland and Northern Ireland)

Reasons to change Power of Attorney

The person you choose as your attorney is intended to be somebody you trust to make informed decisions on your behalf, with your best interests in mind.

You can appoint more than one person; you can also decide if your attorneys are able to make decisions independently or if they all have to be in agreement.

You don’t have to be related to your attorney, it could be a close friend or a partner who you’re not married to. They could also be a professional, like your solicitor or accountant.

There are all sorts of reasons you might want to change who your attorney is. You’re not required to even have a particular reason; you may have just changed your mind.

Possible reasons you might have include:

• Your current attorney’s circumstances have changed and they are unable to fulfil their duties. They might be seriously ill, or too busy or have moved away.
• You appointed a professional, such as a solicitor, who is no longer practising their trade and you would prefer somebody who is more up to date on your circumstances.
• You fell out with your attorney and don’t trust them to act in your best interests (or at all).
• You’re just no longer close to your attorney and don’t feel they know you well enough anymore to make these decisions.
• The attorney themselves asks you to change it.

There are some circumstances under which your power of attorney will automatically end, such as if your current attorney:

• Loses mental capacity
• Dies
• Has power of attorney for your property and finances but is themselves declared bankrupt

How to change who your attorney is

To change who your attorney is under an LPA, CPoA, WPA or EPA, you must still have the mental capacity to do so, i.e. the power of attorney has not yet come into action.

How to change an attorney if you still have mental capacity

You can’t change the names on an existing Power of Attorney; instead, you have to revoke your existing PoA and then make a new one.

To revoke your Power of Attorney, you need to create a Deed of Revocation. There are two types of these:

• Deed of Revocation – if you want to change your only attorney, or all of your attorneys.
• Partial Deed of Revocation – if you want to remove one of your attorneys but not others.

The Deed of Revocation is essentially a letter that you write and sign in front of witnesses.

You then send it to your country’s Office of the Public Guardian or Office of Care and Protection, along with your original Power of Attorney document that you wish to revoke.

It’s a good idea to have your solicitor help with this.

There is a template for what to write in a Deed of Provocation here.

I want to change an attorney who is already able to make decisions on my behalf

If your Power of Attorney has come into action because you have been assessed as lacking mental capacity to make decisions, but you do not believe that your attorney is acting in your best interests, you can contact the following bodies with your concerns:

• Office of the Public Guardian (England and Wales)
• Office of the Public Guardian in Scotland (Scotland)
• Office of Care and Protection (Northern Ireland)

How do I set up a new Power of Attorney once I’ve revoked the old one?

There is information on setting up a new Power of Attorney in the below articles:

• England and Wales
• Scotland
• Northern Ireland

You can also ask your solicitor.

How much does it cost to register a new Power of Attorney?

Registering a new Lasting Power of Attorney in England or Wales costs £82, though there may be additional solicitor fees.

In Scotland it is £81; in Northern Ireland it’s £151 for the registration of an EPA but there are additional costs.

Can I stop being someone else’s attorney?

If you don’t want to be somebody’s attorney anymore, you have the right to cancel it.

You cannot flip flop about the decision though, once you’ve cancelled your appointment as attorney, you can’t regain it.

It’s important to talk to the person you are attorney for and your/their solicitor to ensure that they are aware they need to appoint a new attorney, or any of their other attorneys who you would’ve shared responsibility with are aware of the situation.

To cancel your appointment as Power of Attorney, speak to a solicitor or contact your country’s Office of the Public Guardian or Office of Care and Protection.

What can I do if somebody’s attorney is making bad decisions?

If you are concerned that somebody’s attorney is making poor decisions or intentionally not acting in the person’s best interests, you can contact the Court of Protection.