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When a Lasting Power of Attorney can be ended

You can choose to end a Lasting Power of Attorney if you no longer want someone to make decisions for you. You can cancel a Lasting Power of Attorney at any time, even if the form has been registered. However, you must have the capacity to revoke it.

When a Lasting Power of Attorney ends automatically

A Lasting Power of Attorney automatically ends if:

• you or the attorney die
• you or the attorney becomes bankrupt (depending on circumstances outlined below)
• a marriage or civil partnership between you and the attorney is dissolved or annulled
• the attorney or attorneys lack the mental capacity to make decisions
• the power is ‘disclaimed’ (or rejected) by the attorney
  

The power of attorney does not end in the above circumstances if there is another attorney left to act or there is a replacement attorney. If you originally nominated more than one attorney, the power to make decisions for you will be transferred automatically.

Property and financial affairs Lasting Power of Attorney

Property and financial affairs Lasting Power of Attorney is also automatically cancelled if either you or the attorney is declared bankrupt by a court. In the case of a trust corporation, the Lasting Power of Attorney automatically ends if the trust is wound up or dissolved.

A trust corporation is a company or organisation that you have nominated to make decisions on your behalf.

A property and financial affairs Lasting Power of Attorney is suspended if the bankruptcy is the result of an interim (limited in time) bankruptcy order. Once the order ends, the Lasting Power of Attorney will no longer be suspended.

Health and welfare Lasting Power of Attorney

The Court of Protection can end a Lasting Power of Attorney for reasons such as when the attorney is not carrying out their duties correctly. You can find out more about the Court of Protection using the link below.

If a deputy is declared bankrupt, their powers will not end under a health and welfare Lasting Power of Attorney.

• The Court of Protection and how it appoints deputies

When you can cancel a Lasting Power of Attorney

If you still have mental capacity, you can revoke the Lasting Power of Attorney. You will have to advise your attorneys and the Office of the Public Guardian to remove the Lasting Power of Attorney from the register.

To cancel your Lasting Power of Attorney you must complete a ‘Deed of Revocation’ form. The form should then be sent to your attorney and the Office of the Public Guardian (if the Lasting Power of Attorney has been registered).

You can get a ‘Deed of Revocation’ form from any legal stationer or from a legal adviser. You can also use the suggested wording below in a letter if the Lasting Power of Attorney has been registered. This would act as a deed of revocation.

If it has not been registered, use the words "instrument intended to create a Lasting Power of Attorney" instead of "Lasting Power of Attorney". This is because in law it is not a Lasting Power of Attorney until it is registered.

Deed of revocation

This deed of revocation is made by [donor's name] of [donor's address]

1. I granted a Lasting Power of Attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the Lasting Power of Attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s)

2. I revoke the Lasting Power of Attorney and the authority granted by it

Signed and delivered as a deed [donor's signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]

Enduring Power of Attorney

An Enduring Power of Attorney is a legal document that that was replaced by the Lasting Power of Attorney on 1 October 2007. It was used to nominate a person or persons to deal with your financial affairs. The person you nominated would be called an attorney and would be able to do things such as paying bills for you.

An Enduring Power of Attorney can only be registered once the person is losing or has lost mental capacity.

Cancelling an Enduring Power of Attorney that has been registered

If the Enduring Power of Attorney has been registered, it cannot be revoked except by permission of the Court of Protection. To revoke an unregistered Enduring Power of Attorney you will need to sign a formal document, called a 'Deed of Revocation'. You may wish to seek legal advice for this.

You can get a ‘Deed of Revocation’ form from any legal stationer or from a legal advisor.

You will also need to prove to the Court of Protection:

• that you understand who the attorney is and what powers they have
• that you understand the effect of the cancellation
• why the Enduring Power of Attorney needs to be cancelled

When an Enduring Power of Attorney ends automatically

An Enduring Power of Attorney is automatically revoked if you or the appointed attorney becomes bankrupt. It will also automatically end if you or your attorney dies. It will also end if your attorney ‘disclaims’ themselves (they reject their responsibility) and there are no other attorneys left to act.

The Court of Protection can also cancel an Enduring Power of Attorney if, for example, the attorney is not carrying out their duties correctly.

You can revoke an unregistered Enduring Power of Attorney at any time while you have the mental capacity to do so.