A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place — and yet it’s one of the most misunderstood. An LPA allows you to appoint someone you trust to make decisions on your behalf should you lose the mental capacity to do so yourself. This could cover your financial affairs, your health and welfare, or both.
But here’s the catch that catches people out: circumstances change. The person you appointed five years ago might no longer be the right choice. Perhaps your relationship has broken down, your financial situation has shifted, or you simply want someone different in that role. The good news is that you can cancel or change your LPA — but only if you still have mental capacity to do so. Once that capacity is gone, your options become far more limited and expensive.
This guide walks you through exactly how cancelling or changing an LPA works in England and Wales, the legal requirements you need to meet, and the pitfalls to avoid along the way.
Key Takeaways
- You can cancel (revoke) or change your LPA — but only while you still have mental capacity.
- Once mental capacity is lost, only the Court of Protection can remove or replace an attorney.
- You cannot simply “amend” a registered LPA — in most cases, you need to revoke the old one and create a new one.
- The Office of the Public Guardian (OPG) must be notified of any revocation.
- An LPA should be reviewed regularly, particularly after major life events like divorce, bereavement, or a change in financial circumstances.
Understanding Lasting Power of Attorney in the UK
In England and Wales, a Lasting Power of Attorney is a legal document that enables you to appoint one or more trusted people to make decisions on your behalf if you lose mental capacity. It’s governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian (OPG) before it can be used.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (known as ‘attorneys’) to make decisions on your behalf. The person creating the LPA is called the ‘donor.’ An LPA only becomes fully operational once it has been registered with the OPG — an unregistered LPA has no legal effect. There are two distinct types of LPA, and each covers different aspects of your life.
Types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney in England and Wales:
- Property and Financial Affairs LPA: This allows your attorney to manage your financial affairs, including operating your bank accounts, paying bills, collecting benefits, managing investments, and selling your property. Crucially, this type of LPA can be used while you still have capacity (with your consent) — making it useful for practical day-to-day management if you become physically unwell.
- Health and Welfare LPA: This enables your attorney to make decisions about your health and personal welfare, including your medical treatment, where you live, your daily care routine, and — if you specifically authorise it — decisions about life-sustaining treatment. This type can only be used once you have lost mental capacity.
Both types are essential for comprehensive planning. Without them, your family may face the costly and time-consuming process of applying to the Court of Protection for a deputyship order — which can take months and cost significantly more.
| Type of LPA | Decisions Covered | Examples |
|---|---|---|
| Property and Financial Affairs | Financial management | Managing bank accounts, selling property, collecting benefits, managing investments |
| Health and Welfare | Health and personal welfare | Medical treatment decisions, living arrangements, daily care, life-sustaining treatment |
The Importance of Having One
Having a Lasting Power of Attorney is one of the most important steps in protecting yourself and your family. Without one, if you lose mental capacity — through dementia, stroke, accident, or illness — nobody automatically has the legal right to manage your affairs. Not your spouse. Not your children. Nobody.
Your family would need to apply to the Court of Protection for a deputyship order, which typically costs upwards of £1,000-£2,000 in court fees and legal costs, takes several months, and requires ongoing annual supervision fees. During that time, your bank accounts are frozen, bills go unpaid, and your family is left in limbo.
By creating an LPA while you’re well and have full capacity, you’re taking a proactive step to secure your future. As we always say at MP Estate Planning: plan, don’t panic. An LPA ensures your autonomy is respected and your best interests are maintained, even when you can no longer speak for yourself.
Can I Cancel My Lasting Power of Attorney?
If you’re wondering whether you can cancel your Lasting Power of Attorney, the short answer is yes — but there’s an important condition. You can only revoke an LPA while you still have mental capacity. Once capacity is lost, only the Court of Protection can intervene, and that’s a far more complex and expensive process.
Conditions for Cancellation
To cancel (legally known as ‘revoke’) an LPA, you must satisfy the mental capacity test under the Mental Capacity Act 2005. This means you must be able to:
- Understand the information relevant to the decision to revoke the LPA.
- Retain that information long enough to make the decision.
- Weigh up the information as part of the decision-making process.
- Communicate your decision (by any means, including non-verbal).
You must also be acting freely — not under any undue influence or coercion from anyone else. If there is any doubt about your capacity, it may be sensible to obtain a capacity assessment from your GP or another medical professional to evidence that the revocation was made validly.
The Process of Cancelling
The process differs slightly depending on whether your LPA has been registered with the OPG or not:
If the LPA has been registered:
- Complete a Deed of Revocation: This is a written document that formally states your intention to revoke the LPA. It must be signed by you (the donor) and ideally witnessed.
- Send the original Deed of Revocation to the OPG: You should send the deed along with the original registered LPA document (or a certified copy) to the Office of the Public Guardian. The OPG will then cancel the registration.
- Notify your attorney(s): You must inform your attorney(s) that the LPA has been revoked. It’s good practice to do this in writing and keep a copy.
- Notify relevant third parties: Inform any banks, financial institutions, care providers, or other organisations that were aware of the LPA so they know it is no longer valid.
If the LPA has NOT been registered:
You can simply destroy the document and notify the attorney(s) that you no longer wish them to act. However, it’s still best practice to do this in writing.
It’s advisable to seek professional advice before revoking an LPA, particularly if you intend to put a replacement LPA in place. You don’t want to leave a gap where no one has authority to act on your behalf.
By following these steps and ensuring you have mental capacity at the time, you can effectively cancel your Lasting Power of Attorney. But remember — once it’s revoked, you have no LPA in place until a new one is registered, so plan the transition carefully.
How to Change My Lasting Power of Attorney
Life changes, and your LPA should change with it. However, here’s something many people don’t realise: you cannot simply “amend” a registered LPA. Unlike a will, you can’t cross out one name and write in another. In most cases, making a change means revoking the existing LPA entirely and creating a brand new one.
Reasons for Changing Your Attorney
There are many legitimate reasons why you might need to change your Lasting Power of Attorney, including:
- Relationship breakdown: Divorce is one of the most common triggers. It’s worth noting that if you appointed your spouse as your sole attorney and you subsequently divorce, their appointment is automatically revoked under the law — which could leave you with no attorney at all unless you had named a replacement.
- Death or incapacity of your attorney: If your sole attorney dies or loses their own mental capacity, the LPA ceases to have effect. If you had appointed joint attorneys (where they must act together), the loss of one attorney invalidates the whole arrangement.
- Change in your attorney’s circumstances: Your attorney may move abroad, become seriously ill, or simply no longer be willing to take on the responsibility.
- Change in your own wishes: Your priorities and preferences may evolve over time. Perhaps you now want different people involved in your care decisions, or you want to add specific instructions or restrictions.
- Loss of trust: If you have concerns about how your attorney might handle your affairs — or you’ve seen warning signs of financial mismanagement — it’s time to act.
We recommend reviewing your LPA at least every three to five years, or whenever a major life event occurs.
Steps to Make Changes
To change your Lasting Power of Attorney, the process is as follows:
- Revoke the existing LPA: Follow the revocation process outlined above — send a Deed of Revocation to the OPG along with the original registered LPA.
- Create a new LPA: Complete a new LPA form with your updated choices of attorney, any new instructions or preferences, and your chosen certificate provider.
- Register the new LPA with the OPG: Submit the new LPA for registration. Registration currently takes several weeks, so factor this into your planning — you don’t want a gap in coverage.
- Notify all relevant parties: Inform your new attorney(s), your previous attorney(s), and any banks, care providers, or other organisations that need to know about the change.
There is one minor exception: if your LPA includes a replacement attorney and your original attorney can no longer act (due to death, incapacity, divorce, or disclaimer), the replacement attorney steps in automatically without needing to create a new LPA. This is why it’s always wise to name replacement attorneys when you first set up your LPA.
By following these steps, you can ensure that your Lasting Power of Attorney remains up to date and continues to protect you effectively.
The Role of the Office of the Public Guardian
The Office of the Public Guardian (OPG) is the government body responsible for overseeing LPAs and deputyships in England and Wales. It operates under the supervision of the Court of Protection and plays a vital role in safeguarding people who lack capacity.
Key Functions and Responsibilities
The Office of the Public Guardian has several key responsibilities, including:
- Registering LPAs: The OPG checks that LPA forms are correctly completed, comply with legal requirements, and that there are no objections before registering them. An unregistered LPA cannot be used.
- Maintaining the register: The OPG maintains a register of all LPAs and deputyship orders, allowing authorised parties to verify an attorney’s or deputy’s authority.
- Investigating concerns: If there are allegations that an attorney is abusing their position, acting outside their authority, or failing to act in the donor’s best interests, the OPG can investigate. In serious cases, it can apply to the Court of Protection to have the attorney removed.
- Supervising deputies: Court-appointed deputies are subject to ongoing supervision by the OPG, including annual reporting requirements.
The OPG provides a crucial safeguard. If you ever have concerns that an attorney is not acting properly — whether it’s your own LPA or someone else’s — you can and should report it to the OPG.
How to Contact the Office
You can contact the OPG by telephone, email, or post. Their contact details are available on the GOV.UK website. They can help with queries about registering an LPA, reporting concerns about an attorney’s conduct, understanding your responsibilities as an attorney, or guidance on the revocation process.
For more information on using a Lasting Power of Attorney in the UK, you can visit our detailed guide on how to use a Power of Attorney.
What Happens if I Become Mentally Incapacitated?
This is the scenario that an LPA is designed for — but it’s also the point at which your ability to change or cancel your LPA effectively disappears. If you lose mental capacity without an LPA in place, your family faces a difficult and expensive process. If you do have one, your appointed attorney can step in immediately.
The Legal Implications
When you lose mental capacity, the implications are significant. Under the Mental Capacity Act 2005, you are presumed to have capacity unless it is established otherwise. But once a medical professional or the Court of Protection determines that you lack capacity, you can no longer make certain legal decisions for yourself — including revoking or changing your LPA.
This is precisely why having the right LPA in place before you need it is so critical. Your Property and Financial Affairs LPA allows your attorney to manage your finances immediately. Your Health and Welfare LPA allows your attorney to make care and medical decisions — but only once you’ve lost capacity.
Attorneys have a legal duty to act in your best interests, to have regard to your past and present wishes, and to follow any instructions or preferences you included in the LPA. As the UK Government states, attorneys must ensure they are making decisions in the best interests of the person they’re acting for.
If no LPA is in place when capacity is lost, your family must apply to the Court of Protection for a deputyship order. This process typically costs over £1,000 in court and legal fees, can take several months, and the deputy is then subject to ongoing OPG supervision — with annual fees and reporting requirements. Compare that to an LPA, which is a one-time arrangement that gives your chosen person immediate authority.
Authority of an Appointed Attorney
The scope of an attorney’s authority depends on the type of LPA and any specific instructions or restrictions included in the document. Here’s a practical overview:
| Area of Decision | Attorney’s Authority |
|---|---|
| Financial Affairs | Manage bank accounts, pay bills, manage investments, sell or let property, deal with tax affairs, claim benefits and pensions |
| Healthcare | Consent to or refuse medical treatment, choose care providers, make decisions about care home placement, decide on life-sustaining treatment (if authorised) |
| Daily Life | Decide on living arrangements, daily routine, diet, clothing, social activities |
It’s important to understand that an attorney must always act within the scope of the LPA and in accordance with the principles of the Mental Capacity Act 2005. They cannot make decisions that conflict with the donor’s known wishes (unless there is a compelling reason in the donor’s best interests), and they cannot benefit themselves from the role.
If you’re considering amending an older Enduring Power of Attorney (EPA) — which could only cover financial affairs and was replaced by the LPA system in 2007 — be aware that existing registered EPAs remain valid but cannot be updated. You would need to revoke the EPA and create a new LPA instead.
The bottom line: once you lose mental capacity, your LPA is locked in. The attorney you chose is the attorney you have. This is why getting it right from the start — and reviewing it regularly while you still can — is so important.
Considerations Before Making Changes
Before rushing to revoke or change your Lasting Power of Attorney, take time to think through the consequences carefully. This is a significant legal step, and getting it wrong — or leaving a gap in your protection — can cause real problems.
Potential Consequences
Changing or revoking a Lasting Power of Attorney can have several consequences you should consider:
- Gap in protection: If you revoke your current LPA before a new one is registered, there could be a period of weeks or months during which nobody has legal authority to act on your behalf. If you were to lose capacity during that gap, your family would need to apply for a costly deputyship order.
- Impact on family relationships: Removing someone as your attorney can cause hurt and conflict, particularly within families. Consider whether a conversation with your current attorney might resolve any concerns before taking formal steps.
- Legal costs: Creating a new LPA involves registration fees and potentially professional drafting costs. While this is a relatively modest expense compared to the cost of deputyship, it’s worth factoring in.
- Notification requirements: Banks, financial institutions, and care providers will need to be informed. Until they’re updated, there may be disruption to the management of your affairs.
It’s essential to carefully weigh these factors to ensure that any changes are genuinely in your best interest.
Getting Legal Advice
Seeking professional advice before making changes to your LPA is strongly recommended. The law — like medicine — is broad. You wouldn’t want your GP performing surgery, and equally you shouldn’t navigate LPA revocation without proper guidance. A specialist can help with:
- Understanding your options: Clarifying whether a full revocation is necessary, or whether a replacement attorney provision already covers your situation.
- Timing the transition: Ensuring your new LPA is registered before the old one is revoked, so there’s no gap in your protection.
- Ensuring validity: Making sure the revocation and new LPA are properly executed and comply with all legal requirements, reducing the risk of challenges later.
- Coordinating with your wider estate plan: Your LPA should work alongside your will, any trusts you have in place, and your overall inheritance tax planning strategy.
At MP Estate Planning, we always recommend that LPAs are set up as part of a comprehensive estate plan — not in isolation. An LPA protects you during your lifetime; a well-structured will and trust arrangement protects your family after you’re gone.
Revoking a Lasting Power of Attorney
Revoking a Lasting Power of Attorney is the legal term for cancelling it. It’s a formal process, and if it’s not done correctly, the old LPA may still be treated as valid by third parties — which could lead to your former attorney continuing to act on your behalf.
Legal Requirements for Revocation
To revoke a Lasting Power of Attorney, the following legal requirements must be met:
- The donor must have mental capacity at the time of revocation — this is non-negotiable.
- The donor must clearly intend to revoke the LPA.
- For a registered LPA: the revocation must be in writing by way of a Deed of Revocation, signed by the donor and witnessed.
- For an unregistered LPA: the donor can revoke it by notifying the attorney(s) in writing, or by destroying the document. However, a written Deed of Revocation is still best practice.
How to Effectively Revoke
To ensure your revocation is legally effective and properly recognised, follow these steps:
- Complete a Deed of Revocation: This should state your full name, the date of the original LPA, the type of LPA being revoked, and a clear statement that you are revoking it. Sign it and have it witnessed.
- Send the Deed of Revocation to the OPG: Include the original registered LPA document (or certified copies). The OPG will cancel the registration and confirm this in writing.
- Notify your attorney(s) in writing: Send them a copy of the Deed of Revocation. Keep proof that they received it.
- Notify relevant third parties: Banks, building societies, care homes, the NHS, and any other organisations that hold the LPA on file should be informed. Until they’re notified, they may continue to accept your former attorney’s instructions.
The following table summarises the key steps and parties involved:
| Step | Action | Party Involved |
|---|---|---|
| 1 | Complete and sign Deed of Revocation | Donor (you) + witness |
| 2 | Send Deed of Revocation and original LPA to OPG | Office of the Public Guardian |
| 3 | Notify attorney(s) in writing | Appointed Attorney(s) |
| 4 | Notify banks, care providers, and other third parties | Relevant organisations |
By following these steps carefully, you can ensure that your Lasting Power of Attorney is revoked effectively and that no one can continue to act under its authority.
Who Can Be an Attorney?
Choosing the right attorney is arguably the most important decision in the entire LPA process. Your attorney will have significant power over your finances, your healthcare, or both — so this is not a decision to take lightly.
Eligibility Criteria
To be eligible to act as an attorney under an LPA in England and Wales, a person must:
- Be at least 18 years old
- Have mental capacity to make the decisions required of them
- Not be bankrupt or subject to a debt relief order (this only disqualifies them from acting under a Property and Financial Affairs LPA — they can still act under a Health and Welfare LPA)
- Be someone the donor trusts to act in their best interests
An attorney can be a family member, friend, or a professional such as a solicitor or accountant. You can appoint more than one attorney and specify whether they must act jointly (all agreeing on every decision), jointly and severally (they can act together or independently), or a combination of both for different types of decisions.
It’s also wise to appoint replacement attorneys — people who will step in if your original attorney(s) can no longer act. This provides a crucial safety net.
Disqualifications for Attorneys
Certain circumstances can disqualify someone from acting as an attorney or lead to their removal:
| Disqualification Reason | Description |
|---|---|
| Bankruptcy or debt relief order | Disqualifies a person from acting as a Property and Financial Affairs attorney. Does not affect Health and Welfare LPA appointments. |
| Loss of mental capacity | If an attorney loses their own mental capacity, they can no longer act. If they were a sole attorney, the LPA ceases to have effect. |
| Divorce from the donor | If the attorney was the donor’s spouse or civil partner and they divorce or the civil partnership is dissolved, the attorney’s appointment is automatically revoked — unless the LPA specifically states otherwise. |
| Disclaimer | An attorney can formally disclaim (give up) their appointment by notifying the donor and the OPG. |
| Removal by the Court of Protection | If an attorney is found to be abusing their position, acting outside their authority, or not acting in the donor’s best interests, the Court of Protection can remove them. |
When appointing an attorney, think carefully about who will genuinely act in your best interests — not just who is closest to you geographically or emotionally. Consider their financial competence, their temperament under pressure, and whether they’re likely to have any conflicts of interest.
Important Forms and Documentation
Getting the paperwork right is essential. An LPA that’s incorrectly completed will be rejected by the OPG, causing delays and potentially leaving you unprotected.
Essential Forms Required
The key forms you’ll need are:
- LP1F (Property and Financial Affairs LPA): The main form for creating an LPA covering your financial affairs. This can be completed online via the GOV.UK ‘Make a lasting power of attorney’ service or as a paper form.
- LP1H (Health and Welfare LPA): The main form for creating an LPA covering your health and welfare decisions.
- LP3 (People to Notify): This form is completed by the people you’ve chosen to be notified when someone applies to register your LPA. These ‘people to notify’ act as a safeguard — they can raise objections before registration.
- LPA002 (Deed of Revocation): Used to formally revoke a registered LPA. This is the form you’ll need if you’re cancelling an existing LPA.
For creating a new LPA, you’ll also need a certificate provider — someone who confirms you understand the LPA and aren’t being pressured into making it. This can be someone who has known you personally for at least two years, or a professional such as a solicitor, doctor, or social worker.
Where to Submit Documentation
All LPA forms are submitted to the Office of the Public Guardian for registration. You can apply online through the GOV.UK service (which is faster and slightly cheaper) or submit paper forms by post. Registration involves a fee per LPA — check the current fee on GOV.UK as it is subject to change. Remissions and exemptions may be available for those on low incomes or in receipt of certain benefits.
Registration typically takes around 12 to 20 weeks for paper applications, though online applications can be processed more quickly. During this time, the OPG will check the forms, notify any ‘people to notify,’ and process any objections before confirming registration.
For more information on updating your Lasting Power of Attorney details, such as a change of address, you can visit our guide on updating your UK Power of Attorney.
By understanding the forms and documentation required, you can ensure that your Lasting Power of Attorney is set up or cancelled correctly — giving you genuine peace of mind that your affairs are in order.
Ongoing Management of Lasting Power of Attorney
Setting up an LPA is not a ‘set it and forget it’ exercise. Your LPA should be treated as a living part of your estate plan — reviewed regularly and updated when your circumstances change.
Reviewing Your Choices Regularly
We recommend reviewing your LPA arrangements at least every three to five years, or whenever a significant life event occurs. Events that should trigger a review include:
- Divorce or separation: Remember, divorce automatically revokes a spouse’s appointment as attorney unless the LPA states otherwise.
- Death or serious illness of an attorney: If your sole attorney can no longer act, you need a new LPA urgently.
- Moving house or changing financial circumstances: A significant change in your assets — such as inheriting property, downsizing, or starting a business — may mean your LPA needs updating.
- Deteriorating relationship with your attorney: If trust has broken down, don’t wait. Act while you still have capacity.
- Changes in the law: LPA legislation and processes are periodically updated. Ensure your arrangements remain compliant and effective.
For guidance on changing a Power of Attorney in the UK, you can refer to our detailed guide.
Keeping Your Attorney Informed
Your attorney should know they’ve been appointed, understand their responsibilities, and know where to find the registered LPA when they need it. Too many people appoint attorneys without ever telling them — which defeats the purpose entirely.
Practical steps to keep your attorney informed include:
- Have a conversation about your wishes, values, and preferences — particularly for health and welfare decisions.
- Provide your attorney with a copy of the registered LPA (keep the original somewhere safe, such as with your solicitor).
- Let them know which banks, providers, and organisations are relevant to your financial affairs.
- Consider writing a letter of wishes — a non-binding but invaluable document that gives your attorney guidance on how you’d like things handled. This is particularly useful for Health and Welfare LPAs.
A well-informed attorney is far more likely to make decisions that truly reflect your wishes — and that’s the whole point.
The Impact of Relationships on Power of Attorney
Family dynamics are one of the biggest — and most underestimated — factors in how well an LPA works in practice. Choosing the wrong attorney, or failing to plan for family conflicts, can lead to disputes, delays, and even financial abuse.
Family Dynamics and the Role of Attorneys
In our experience at MP Estate Planning, the most common LPA problems stem from family relationships rather than legal technicalities. Typical issues include:
- Sibling rivalry: One child is appointed as attorney, and the others feel excluded or suspicious of how decisions are being made.
- Second marriages: A spouse from a second marriage is appointed, but children from the first marriage don’t trust them to act in the donor’s best interests.
- Distance: An attorney lives far away and struggles to manage affairs practically, leading to resentment from local family members who are providing day-to-day care.
When appointing an attorney, consider not just who you trust most, but who will be able to work with the rest of the family. An attorney who is competent but divisive may cause more problems than they solve.
Addressing Conflicts of Interest
Conflicts of interest are a real risk — particularly when an attorney is also a beneficiary of the donor’s estate. To mitigate this, consider:
- Including specific instructions or restrictions in the LPA to guide your attorney’s decision-making.
- Appointing more than one attorney (acting jointly and severally) so no single person has unchecked authority.
- Appointing an independent professional attorney for financial decisions, particularly where significant assets are involved.
- Writing a detailed letter of wishes that explains your reasoning and preferences.
Here are two common scenarios and how to address them:
| Scenario | Potential Conflict | Mitigation Strategy |
|---|---|---|
| An attorney is also a beneficiary of the donor’s estate. | The attorney might prioritise their future inheritance over the donor’s current care needs — for example, resisting spending money on quality care to preserve the estate. | Appoint a second, independent attorney to act jointly. Include instructions that the donor’s comfort and care should always take priority over preserving wealth for beneficiaries. |
| Family members disagree on the donor’s care arrangements. | The attorney may face pressure from family members with opposing views, leading to delays in decision-making. | Choose an attorney with the strength of character to make difficult decisions. Consider appointing someone outside the immediate family. Seek mediation where disputes arise, or refer the matter to the Court of Protection if necessary. |
By thinking through these dynamics in advance — rather than hoping for the best — you can ensure that your LPA is effective and that your wishes are genuinely protected.
Conclusion: Making Informed Decisions
Cancelling or changing a Lasting Power of Attorney in England and Wales is absolutely possible — but it must be done while you still have mental capacity, and it must be done properly. The key message throughout this guide is simple: act early, review regularly, and don’t leave it until it’s too late.
Key Considerations
Before making any changes, review the conditions and process carefully. Understand that you generally cannot amend an existing LPA — you’ll need to revoke the old one and create a new one. Factor in the registration timeline so you’re never left without protection. And always consider how your LPA fits within your broader estate plan, including your will and any trusts you have in place.
Seeking Professional Guidance
Given the potential consequences of getting this wrong, seeking professional advice is essential — not optional. A specialist in Lasting Powers of Attorney and mental capacity can ensure your decisions are legally sound, properly documented, and aligned with your best interests. At MP Estate Planning, we help families across England and Wales put the right protections in place — LPAs, trusts, wills, and inheritance tax planning — all working together as one cohesive plan. Because the best time to plan is always now.