Establishing a Lasting Power of Attorney (LPA) is a crucial step in securing your future, providing a safety net in case of potential mental incapacity. LPAs empower appointed individuals to manage your affairs, but circumstances may arise where revoking a registered LPA becomes necessary. Here's a comprehensive guide to navigate the process of LPA revocation.
When might you need to revoke an LPA?
There are instances where revoking an LPA is prudent, such as changing your choice of attorney(s), an attorney's inability to fulfill their role due to health issues, misuse of powers, or changed circumstances requiring a different individual as an attorney. Revoking an LPA removes decision-making authority from individuals you no longer want in control, safeguarding against abuse or poor decision-making.
How to revoke an unregistered LPA
If you've arranged an LPA but haven't officially registered it with the Office of the Public Guardian (OPG), no action is required. Unregistered LPAs are not legally binding or enforceable, so simply disposing of any related paperwork suffices.
How to revoke a registered LPA
Revoking a registered LPA involves specific steps:
- Notify attorneys - communicate in writing to existing attorneys about the revocation, instructing them not to use their powers.
- Complete revocation forms - fill out a deed of revocation form, including details of your registered LPA and your intent to revoke it. The OPG website offers a template, or seek assistance from an Estate Planner or solicitor. Submit this form to the OPG along with your registered LPA for cancellation, repeating the process for each LPA you wish to revoke.
- Submit new LPA (Optional) - if appointing new attorneys, provide the OPG with a replacement LPA naming your desired attorneys. You can do this by using our online LPA service.
Using legal advice when revoking an LPA
Revoking an LPA, especially a registered one, involves intricate legal processes. Seeking professional guidance ensures compliance with proper procedures. At Union Wills, our LPA specialists offer legal advice to:
- Confirm revocation is your clear instruction and in your best interests.
- Draft formal revocation notices for attorneys and the OPG.
- Safely destroy copies of the LPA and retain evidence.
- Assist in completing OPG revocation forms accurately.
- Explain implications to existing attorneys.
- Support in creating replacement LPAs if needed.
Regaining control over who manages your affairs is essential. With Union Wills' legal expertise, smoothly revoke an LPA and enhance safeguards. Contact us for guidance on this crucial process.