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Revocation Of Power Of Attorney FAQ United Kingdom
Some reasons why you may wish to revoke a power of attorney include:
A power of attorney is a powerful legal document which can enable an attorney to do almost anything with your property (depending on the powers you have granted in the power of attorney document). A revocation of a power of attorney is not effective against the attorney or any third party (e.g. bank) until notice of the revocation has been received by that party. Consequently, it is a good idea to have a written document as evidence of your revocation to make sure there is no doubt as to your intention to revoke the power.
As long as you are mentally competent, you can use this revocation to revoke a Lasting Power of Attorney. Additionally, if your Lasting Power of Attorney is registered, you must also advise the Office of the Public Guardian so that they can update the LPA register to reflect the change. Third parties (e.g. people or organisations that have been dealing with the Attorney) must also be notified.
A power of attorney can be revoked at any time, regardless of the termination date specified in the document, as long as the donor is mentally capable. (Note: there are some exceptions, but these apply only to "binding" Powers of Attorney. LawDepot does not provide forms for binding Powers of Attorney on our web site).
An ordinary power of attorney is automatically revoked if the person who made it is found to be incompetent, but a enduring power of attorney can only be revoked by the person who made it while that person is mentally competent. If you wish to revoke a Lasting Power of Attorney but your attorney believes you lack the capacity, you should first discuss your concerns with your attorney. If you have discussed your concerns with your attorney but still want to revoke your Lasting Power of Attorney, you should then contact the Office of the Public Guardian and they will investigate on your behalf.
You are not required to explain why you are revoking your power of attorney. As long as you are mentally capable, you can revoke your power of attorney for any reason (or for no reason).
In order to give effect to your Revocation you must complete the following steps: