The following Private Client guidance note Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell provides comprehensive and up to date legal information covering:
A Lasting Power of Attorney (LPA) can be brought to an end in one of the following ways:
revocation by the donor
disclaimer by the attorney
revocation by operation of law
revocation by the Court of Protection
Under section 13(2) of the Mental Capacity Act 2005 (MCA 2005), a donor can revoke the LPA at any time provided they have capacity to do so. The revocation can be:
express—by the donor confirming the revocation in writing and notifying the attorney and the Office of the Public Guardian (OPG) if the LPA is registered, or
implied—by the donor acting in a way that is inconsistent with the continued operation of the LPA
A donor should not seek to rely on implied revocation alone but should instead confirm the revocation by a deed of revocation so that the position is clear.
The making of a subsequent LPA by the donor does not revoke an earlier LPA, unless this could constitute implied revocation where the continuation of the earlier LPA is inconsistent with the new LPA. Otherwise, both LPAs can be used and registered.
Capacity to revoke an LPA is to be assessed in line with MCA 2005, ss 2 and 3. Although there are no reported cases on the test for capacity to revoke an LPA, it is considered that the
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