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  • Changing a Lasting Power of Attorney

    Changing a Lasting Power of Attorney

    As I have mentioned previously, it is advisable to make a Lasting Power of Attorney appointing those you choose to deal with your financial affairs (and health and welfare issues) when you are unable to do so. It is also a very good idea to register your Lasting Power of Attorney to avoid delays and problems registering it later.

    What if one of your Attorneys dies, becomes bankrupt or incapacitated?

    As long as you have appointed another as either a replacement or to act jointly and severally, there is no need to do anything, as you have someone else to step in. However, if you have no replacement and you have appointed your Attorneys to act jointly, your Lasting Power of Attorney can no longer be used and you would have to make another one.

    What if one of your Attorneys would like to resign?

    If one of your Attorneys no longer wishes to act, they can complete a form to disclaim their appointment. They would need to send the original to you and copies to the other Attorneys and the Office of the Public Guardian. If you have no further Attorneys to act, you would need to make another Lasting Power of Attorney.

    How to remove an Attorney

    If you would like to remove one of your appointed Attorneys, you must have the mental capacity to do so. You would then complete a Deed of Revocation and send it to the Office of the Public Guardian. If you do not have another Attorney who was appointed to act jointly and severally or a Replacement, you would need to make a new Lasting Power of Attorney.

    How to revoke a Lasting Power of Attorney

    If you wish to cancel your Lasting Power of Attorney, you must have the mental capacity to do so. As with removing an Attorney, you would need to complete a Deed of Revocation and send it and your original Lasting Power of Attorney to the Office of the Public Guardian.

    Can you add an Attorney?

    Once you have signed your Lasting Power of Attorney, it is not possible to add an Attorney. You would need to make a new Lasting Power of Attorney.


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