Lasting Powers of Attorney and Enduring Powers of Attorney.

by EdwardHandsandLewis on December 2, 2013

By Emma Fuller, Director at Edward Hands and Lewis

After Lasting Powers of Attorney or Enduring Powers of Attorney have been made by a Donor (ie the person who has entered into the Lasting Power if Attorney) they can be revoked

They can be revoked by the Donor if the Donor still has the mental capacity to do so. This may need to be assessed by a Solicitor or Doctor.

The reasons someone may wish to revoke the LPA/EPA is if it is not workable ie the Attorneys are appointed jointly and they live too far away to be able to work together or if the Attorneys start controlling the finances or doing something that the Donor does not like. May be the Donor has lost contact with one of the Attorneys

The revocation of the LPA/EPA can take place before or after registration.

If the Donor can not revoke the LPA due to mental incapacity then if there is good reason for the revocation an application will need to be made to the Court. The Court can assess the capacity and then investigate the allegations. If they are serious and well founded concerns the Court will take steps on behalf of the Donor to protect them .The Court has the ultimate power to protect Donor’s.

Attorneys need to remember that they need to act in accordance with the terms of the LPA and in accordance with the Mental Capacity Act 2005.

There are ultimate sanctions of imprisonment.

We at Edward Hands & Lewis Solicitors  can give advise to Attorneys to assist them in complying with their role. We offer a 30 minute free consultation please contact us today to arrange an appointment.

EdwardHandsandLewis Edward Hands & Lewis is a firm that has evolved over time with a commitment to its core values. We have never forgotten that we are here because of our clients who have supported us over many years. We are proud to be at the heart of the communities in which we serve and we are equally proud of the team that we have to provide such service. We aim to provide value for money with a commitment to good, clear and concise advice. We take the time to ensure that our advice and assistance matches your goals. Unlike many professional services organisations, brevity and helpfulness are our watchwords. The agile and creative minds of the people we employ equip them to advise the same client on a diverse range of matters. This multi-specialism makes our lawyers and advisors expert on a range of the legal and other issues affecting their clients’ business. The strength and depth of our client relationships avoids wasted time and cost: it enables us to keep up to speed on business and sectoral developments and there is no need to field large teams of experts as a matter of course. While we have been established for many years, we pride ourselves on forward-thinking and believe we have achieved the right blend between traditional and modern. Whether you are an existing client of ours, are about to become a client or are looking to join us, we sincerely hope that your experience is a positive one.

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