When should you update a power of attorney?
A Lasting Power of Attorney is a legal instrument which lets a person, known as the donor, appoint someone to make decisions for them, should they ever become unable to do so themselves.
There are two kinds in the UK, one referring to property and financial affairs and the other to health and welfare. You can find information about setting up an LPA online from firms like //powerofattorneyonline.co.uk/.
There are certain circumstances in which an LPA may need to be updated. Here, we look at a few of those events.
Death of an Attorney
If the deceased was appointed as a sole attorney or they were appointed jointly, then the LPA will end. You do not need to provide a death certificate as the OPG will verify the death through Life Event Verification. The OPG will dispose of the LPA.
If, however, the deceased attorney was appointed to act ‘jointly and severally’, then the remaining attorney or attorneys can continue to carry out their duties and the LPA remains valid. The instrument must be returned to the OPG, which will stamp it to confirm the death and then return the LPA.
Removing an Attorney
As the donor, provided you retain mental capacity, you can apply to the OPG and ask them to remove an attorney, provided the document has been registered. You do so by sending a written statement, known as a partial deed of revocation, to the OPG.
Note that if you wish to appoint an extra attorney, your LPA will end, and you must make a new one.
