Acting under a signed power of attorney carries a legal responsibility. Find out how you stop acting as an attorney before the donor dies and how to resign attorneyship.
In fact, you can choose to stop acting as an agent (somebody's attorney) at any time.
There is a set process to disclaim the appointment if the lasting power of attorney is already registered.
But, you would need to resign if you are unable, or no longer want, to perform the agent's duties.
As a rule, the lasting power of attorney (LPA) would end when the donor dies. You would need to notify the Office of the Public Guardian and send them certain documents, including:
Office of the Public Guardian
PO Box 16185
Telephone: 0300 456 0300
Monday to Friday, 9am to 5pm, except Wednesday: 10am to 5pm
Information about phone call charges.
There are legal ways of stopping an attorneyship even before the donor dies. If you choose to stop acting as an attorney, it will take place through a process called 'disclaiming' an attorneyship.
Even so, certain situations according to the law will require you to stop acting as an attorney. If the LPA lists any replacement attorneys, they will take over if you stop.
Note: In some cases, there may be no replacements listed in the LPA to take over the role. But, there may be other ways of helping a donor to make decisions.
If you disclaim a lasting power of attorney you will stop being an attorney under a lasting power of attorney. You should fill in form LPA005 and send a notification to:
Start Acting as an Attorney | Steps to follow before you begin or take over as someone's replacement.
What is a Power of Attorney | As a rule, it relates to legal matters such as in business or private affairs.
There are certain circumstances that would mean that you must stop acting as an attorney, such as if:
How to Stop Being Someone's Power of Attorney in the United Kingdom