Common reasons to stop acting as the donor’s attorney would be if:
- The donor dies. In this case, the enduring power of attorney (EPA) ends by automatic process.
- You choose to stop being an attorney (often called ‘disclaiming’ or ‘revoking’ an attorneyship).
- You are applying to become bankrupt or you declare yourself as bankrupt.
No matter what the reason is for stopping an enduring power of attorney, you would need to fill in the most appropriate forms. You will also need to provide the relevant documents.
Note: It is not uncommon to have to make decisions ‘jointly’ with other attorneys. In these cases, the enduring power ends ‘automatically’ if any of them stop. But, there are other ways to help a donor make decisions
If the Donor Die
The attorneyship would end as soon as the donor dies. If you had already registered the EPA you would need to contact the Office of the Public Guardian (OPG) and send them:
- A copy of the donor’s death certificate.
- The original enduring power of attorney (EPA).
If You Choose to Stop Being an Attorney
You can decide to give up the role of an attorney at any time. The OPG have produced a guide on how to stop being an attorney under an enduring power of attorney (EPA).
Use the notification form to disclaim an enduring power of attorney and send it to:
- The donor (if you did not register the EPA).
- The donor and the OPG (if you already registered the EPA).
Office of the Public Guardian
PO Box 16185
Note: There may be more than one attorney appointed by the donor. If so, you will need to tell any of the other attorneys listed on the enduring power of attorney (EPA).
ALSO IN THIS SECTION
Enduring Power of Attorney Regulations | A guide with information for anyone acting as EPA attorneys.
Enduring Power of Attorney Duties | Check your responsibilities for helping the donor make decisions.