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:
- A copy of the donor’s death certificate.
- The original lasting power of attorney (LPA).
- All certified copies of the lasting power of attorney.
Contacting the Office of the Public Guardian (OPG)
Office of the Public Guardian
PO Box 16185
Disclaiming an Attorneyship
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 an Agent Chooses to Stop
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:
- The donor (if the LPA did not get registered).
- The donor and the OPG if the LPA is already registered (use the address written on the form).
- Any other attorneys appointed on the lasting power of attorney (LPA).
When You Must Stop Acting as an Attorney
There are certain circumstances that would mean that you must stop acting as an attorney, such as if:
- The donor revokes the attorney from their LPA (takes off the agent).
- You are a joint attorney and one of the other attorneys stops acting. An exception may apply if the LPA states that you can continue making decisions.
- You (the agent) lose mental capacity and cannot make decisions any longer.
- You are acting as a property and financial affairs attorney and you become subject to a debt relief order or you become bankrupt.
- You married to the donor (or live in a civil partnership) and you get divorced or an annulment. An exception may apply if the LPA states that you can continue acting as an attorney.
ALSO IN THIS SECTION
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.