EPAs—revocation and disclaimer
EPAs—revocation and disclaimer

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • EPAs—revocation and disclaimer
  • Automatic revocation
  • Revocation by the donor
  • Revocation by the court
  • Disclaimer

There are only three ways to revoke an enduring power of attorney (EPA). These are:

  1. automatic revocation

  2. revocation by the donor

  3. revocation by the court

Automatic revocation

Very simply, an EPA will cease to be effective on the bankruptcy of either the donor or the attorney. If there are joint attorneys, the reference in the Mental Capacity Act 2005 (MCA 2005) to 'the attorney' is read as meaning any attorney under the EPA.

If there are joint and several attorneys then the provision is read as only a reference to the bankruptcy of the last remaining attorney under the power. The bankruptcy of any other attorney under the power means that person ceases to be an attorney, not that the power is revoked.

The only saving provision is that if either the donor or attorney is the subject of an interim bankruptcy restrictions order the, EPA is only suspended, not terminated, for as long as the order has effect.

Obviously the EPA will come to an end on the death of the donor, the death of a sole attorney or a joint attorney, or the death of the sole surviving attorney of joint and several attorneys.

Although unusual, if the EPA was granted for a specific time, it will cease to have effect at the end of the stipulated time and any registration must