We explain what happens when an attorney can’t carry out duties under a lasting power attorney (LPA) and why that matters for your family and finances.
The LPA lets someone you trust make decisions if you cannot. There are two types in the UK: Property and Financial Affairs, and Health and Welfare. How attorneys were appointed — jointly, jointly and severally, or mixed — affects the outcome very quickly.
If an attorney can’t act and there is no replacement, the LPA may fail. That can slow banks, care teams and the Office of the Public Guardian. We outline the process and the different routes if a person steps down, is unable to act, or is removed.
We also show when professional help saves time and eases family tension. Read on for clear steps on how to make decisions, avoid delays and protect the donor’s wishes.
Key Takeaways
- Understand the two LPA types and what each covers.
- Appointment style (joint vs jointly and severally) changes outcomes fast.
- Know the difference between stepping down, inability and removal.
- Act early to avoid delays with banks and care providers.
- Seek professional help if family disagreement or urgent decisions arise.
Understanding why an attorney may be unable or unwilling to act
When an appointed representative becomes unwell or unavailable, the LPA can quickly hit snags. We look at the common causes and what they mean in practice.
Common triggers
Ill health or loss of mental capacity is a leading reason an attorney stops. If an attorney loses mental capacity themselves, they cannot make lawful decisions for the donor.
Death or relocation also removes someone from the role. Moving abroad or major illness can make duties impossible.
Bankruptcy and property financial affairs
Bankruptcy can automatically bar an attorney from acting for property financial affairs. This rule applies even if they are honest and well meaning.
Relationships and disputes
“Family breakdowns and disputes often surface when decisions are most urgent.”
Separation or falling out can derail practical help. Early disagreements over spending, care or paperwork are warning signs.
| Issue | Effect | What we recommend |
|---|---|---|
| Loss of capacity | Cannot act legally | Arrange replacement or seek advice |
| Bankruptcy | Barred for property roles | Check LPA and appoint alternative |
| Disputes | Delay or disagreement | Gather records; involve OPG if needed |
Check what type of Lasting Power of Attorney you have and how it can be used
Start by checking which LPA document is in place — that shapes what an attorney can actually do.
Property and Financial Affairs LPA
This covers money, bills and the donor’s property. It lets someone pay household bills, manage bank accounts and sell or buy property on the donor’s behalf.
It can be used while the donor still has capacity if they agree. It also comes into effect automatically if the donor later loses capacity.
This covers care, treatment and day-to-day wellbeing. It only starts once the donor has lost mental capacity.
That means decisions about care homes, medical treatment and daily routines wait until capacity has gone.
- Follow any instructions and preferences set by the donor in the document.
- Using the wrong LPA can delay banks or health teams, so check the type before you act.
- Next, confirm how attorneys were appointed so you know whether remaining attorneys can carry on if one steps down.
For a clear guide to financial powers, see the official lasting power financial decisions. For background on older enduring documents, read this enduring vs lasting power comparison.
Confirm how your attorneys were appointed to act together
Appointment style matters: it sets the rules for who can step in and how decisions move on.
Jointly
Jointly: why one attorney stepping down can cause practical problems
When attorneys must act jointly, everyone must agree before any decision is made. That can protect the donor for large choices.
But if one person steps aside or becomes unable, the whole process can stall. Banks and care teams may ask for fresh paperwork or replacement attorneys before they accept action.
Jointly and severally: how decisions can continue with remaining attorneys
With jointly and severally appointments, any one attorney can make decisions alone. That keeps day-to-day matters moving.
A replacement usually only needs to fill the single missing role rather than all original appointees.
Mixed arrangements
Mixed arrangements: jointly for major decisions, jointly and severally for others
Mixed setups split big and small powers. Major decisions may need joint agreement while routine admin can be handled by any one person.
Watch out for side agreements or written instructions. Those can confuse third parties. The LPA wording must be clear so replacement planning works when it matters.
- Tip: Check the document early to see which role each person holds and whether replacement attorneys are named.
- Why it matters: The appointment type shapes the replacement process and how quickly decisions can be made.
replacing an attorney who no longer wishes to act uk
If an appointed person stops carrying out duties, quick action keeps plans on track.
Step back and identify the trigger event. Note whether it was resignation, illness, loss of capacity, death, bankruptcy or a safeguarding concern. The trigger changes which power is affected and what the next process should be.
Map which powers are affected
Check whether the issue touches property and financial affairs or health and welfare powers. That prevents wasted steps and avoids sending the wrong paperwork to banks or care teams.
Review the LPA for replacements and instructions
Open the registered LPA and look for named replacement people or any written instructions and preferences. These limits or directions shape who can act on the donor’s behalf.
Gather evidence and records
Collect the registered LPA, certified copies, resignation letters, bank or care home replies and a simple timeline of events. Good records cut delays and help resolve disputes.
Notify relevant people early
Tell remaining appointees, any replacement appointees, close family and institutions (banks, care providers, GPs) as soon as possible. Early notice protects the donor’s interests and reduces confusion.
If concerns arise about conduct or capacity, raise them with the Office of the Public Guardian without delay. The OPG can investigate, and serious cases may need the Court of Protection.
For related guidance on what happens after death, see our short guide on what happens to power of attorney after.
Using replacement attorneys to keep your LPA working
Replacement appointees are the backup team that keep your lasting powers operational.
What a replacement is and when they step in
Replacement attorneys are nominated understudies. They step in after loss of mental capacity, resignation, death or bankruptcy for property and financial matters.
Powers and responsibilities taken on
They inherit the same powers unless the LPA says otherwise. That means acting in the donor’s best interests and following any instructions in the document.
Jointly appointments
When attorneys must act jointly, one person stepping aside can halt decisions. Often a replacement must fill every original role before banks or care providers accept action.
Jointly and severally appointments
With jointly and severally setups, remaining attorneys usually continue. A replacement often fills the gap left by one person rather than replacing all appointees.
When a replacement may need to replace all attorneys
Poorly worded LPAs can mean a single gap requires full replacement. That surprises families and delays care or financial decisions.
Tip: For multi-attorney arrangements we recommend seeking advice early and reporting any changes promptly via report changes.
If the donor still has mental capacity: changing or cancelling the LPA and making a new one
If the donor still has capacity, they remain in control. That means they can change their plans or cancel a registered LPA and start again.
Registered LPAs are rarely editable. In practice, the usual route is to revoke the old document and create a new lasting power attorney that reflects current wishes.
When a change means a replacement is needed
If the LPA has already been registered, you cannot simply amend it. The donor must have mental capacity to make the change. If they do, revocation and a fresh LPA are the correct steps.
Revoking properly with a Deed of Revocation
A Deed of Revocation is a formal legal document. It must be written carefully and signed correctly. Never try informal edits on the original LPA — notes or crossed-out text cause confusion and may be rejected by banks or care providers.
Notify the Office of the Public Guardian and all attorneys
Send the Deed of Revocation and the original registered LPA to the Office of the Public Guardian so the registration can be cancelled. At the same time, tell every named person so they stop acting.
Creating and registering a replacement LPA that reflects current wishes
Once revoked, the donor can make a new LPA. Consider different appointment styles, clear instructions and adding replacement people if needed.
“Act early and keep records; clear paperwork prevents delay and dispute.”
We suggest speaking with a solicitor for complex family situations or where legal advice would reduce risk. For a full guide on mental capacity and planning, see our page on protecting your family’s future.
If the donor lacks capacity: raising concerns and seeking removal through the Court of Protection
When capacity is gone, informal swaps are no longer valid and the court process may be needed.
We cannot change or cancel the lasting power once the donor lacks mental capacity. Instead, concerns should be raised with the Office of the Public Guardian and, in most serious cases, brought before the court protection system.
Who can apply
Applications may come from family, other attorneys, carers, the public guardian or a worried friend. A solicitor can act for any applicant when disputes are complex.
Grounds for removal and practical examples
Common grounds include breach of duty, acting outside authority or misusing funds. Examples are taking money for personal gain or ignoring care needs.
How the process works in practice
The usual route is an application form (COP1) plus evidence, often a COP3 capacity assessment. The court reviews submissions, may hold a hearing, and can issue an order removing the person concerned.
| Applicant | Typical ground | Key form | Outcome |
|---|---|---|---|
| Family member | Breach of duty, misuse | COP1 + COP3 | Court order; notify OPG |
| Office public guardian | Safeguarding concerns | COP1 | Investigation; possible removal |
| Other attorney | Acting beyond authority | COP1 + evidence | Replacement or restriction |
After the order, send the court decision to the Office of the Public Guardian so records are updated. We recommend solicitor support where capacity, safeguarding or family conflict make the case sensitive.
When to get legal advice and how a solicitor can help
When paperwork or family disagreements get messy, professional help often saves weeks of delay.
We recommend legal advice when the LPA has complex appointment rules, multiple replacements, mixed decision powers or if banks and care teams are hesitating.
Complex structures and why drafting details matter
Complex arrangements can leave gaps. Multiple people, mixed joint and several rules, and unclear replacement wording confuse third parties.
A solicitor drafts clear clauses that match what the family wants. That reduces the risk of surprise requirements from the office public guardian or financial institutions.
Reducing the risk of OPG delays, rejection, or an LPA failing
We help spot common triggers for delay or refusal.
- Unclear instructions about who steps in next.
- Mismatched powers between property and health documents.
- Poorly worded replacement clauses or missing Deed of Revocation steps.
Early advice saves time and stress. A solicitor can prepare revocation paperwork, re-make documents, or guide Court of Protection applications if required.
| Issue | How legal advice helps | Expected outcome |
|---|---|---|
| Mixed appointments | Redraft powers and clarify replacements | Smoother acceptance by banks |
| Unclear instructions | Translate wishes into precise wording | Fewer OPG enquiries |
| Revocation or court process | Prepare Deed of Revocation; lodge applications | Properly recorded changes and reduced delay |
When to act: get advice if any institution queries authority, if family dispute arises, or if you are considering revocation. Quick, clear steps protect the donor and keep the lasting power working when it matters most.
Conclusion
A clear plan for who steps in preserves finances, care and peace of mind when circumstances change.
Check the LPA wording and confirm the appointment method quickly. That helps everyone make decisions without delay and keeps the donor’s best interests central.
Remember that health and welfare powers only start once capacity is lost, while property and financial affairs can be used earlier with permission. Match the paperwork to the power being used.
Review your plan after major life changes. If there is conflict, urgency or complexity, seek advice so the family and the donor are protected.
Learn more about gaps in cover at what happens if you don’t have power of.