If you have concerns about how a Lasting Power of Attorney or Deputyship is being used contact us so that we can review the situation for you.
Revoke a Lasting Power of Attorney
Once Lasting Power of Attorney (LPA) is registered with the Office of the Public Guardian (OPG) what happens if donor changes their mind. What happens if someone becomes aware the attorney is taking an advantage of the donor, financially or otherwise.
If the donor retains capacity they may revoke their Lasting Power of Attorney. This needs to be done in a certain way for the revocation to be effective. An LPA can be revoked for the following reasons, for example:
- The donor changes mind about the attorneys they have chosen.
- The donor’s circumstances change and they no longer wish to use those attorneys.
- The attorney loses capacity or becomes unwell and the donor decides to remove them.
- The attorney does not have the appropriate skills to meet the donor’s arising needs.
- The attorney asks the donor to remove them.
- The attorney is no longer acting in the donor’s best interests.
- There are concerns the attorney is abusing the donor.
Revocation Process
We will draft up the relevant Deed of Revocation enabling the donor to revoke the LPA. This might be revoking the entire LPA or just remove one of the attorneys. We will organise this to be submitted to the Office of the Public Guardian. We will also organise the relevant notices to be made.
If the donor lacks capacity
If the donor is unable to revoke the LPA themselves as they lack capacity, we will make an application to the Court of Protection to have the LPA revoked.
Revoke a Power of Attorney
With a Power of Attorney the donor can also revoke the document. We will draft up the relevant Deed of Revocation and serve these on the attorneys. We will also post the relevant notices.
Revoke a Deputyship
If someone becomes aware a Deputy is taking advantage of someone lacking capacity contact us so that we can review the situation.
We can assist you to revoke the Deputyship. This is by making an application to the Court of Protection. We will need to provide to the court witness statements demonstrating the allegations. We will organise the relevant investigations, together with raising safeguarding concerns.
Call Linley James Solicitors to discuss your concerns on 0207 060 1210