Lasting Powers of Attorney and Enduring Powers of Attorney.

EdwardHandsandLewis
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.

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