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LPAs: Removing or Appointing Replacement Attorneys
29 August, 2024 3 minutes reading time
When you make a Lasting Power of Attorney (LPA), you entrust the management of your affairs to individuals you trust implicitly. But what if life throws a curveball, and you need to replace an existing Attorney or clarify the role of replacement Attorneys?
Circumstances can change unexpectedly. The person you appointed may have passed away, developed health issues that prevent them from acting, or your relationship with them may have deteriorated. Perhaps they’ve moved away, you’re experiencing difficulties in your interactions, or you have concerns about how they’re managing your affairs.
If you still have mental capacity and find yourself in such a situation, you have the power to remove and replace your Attorneys.
Replacing an Existing Attorney
The flexibility to replace an existing Attorney is a valuable aspect of LPAs, but it hinges on your current mental capacity. If you can still make informed decisions, you can execute this change by completing a specific form and registering it with the Office of the Public Guardian, the government body responsible for safeguarding the interests of individuals who lack mental capacity. However, if you’ve lost mental capacity, amending the LPA in this manner is unfortunately not possible.
Legal intervention might be necessary if an Attorney acts contrary to your best interests. In such cases, you should seek guidance from the Court of Protection.
Appointing Replacement Attorneys at the Outset
Designating replacement attorneys when initially drafting your LPA is a prudent step. This proactive measure offers peace of mind, knowing you’re prepared for any eventuality, and it ensures the continued management of your affairs according to your wishes, even if unforeseen circumstances affect your original choices.
When Can Replacement Attorneys Act?
Your LPA details the specific situations in which replacement Attorneys can assume their responsibilities. Generally, they can act if an original Attorney:
- Loses mental capacity
- Passes away
- Becomes bankrupt
- Is unable or unwilling to act for another specified reason
Do Replacement Attorneys Step Back?
In most scenarios, the role of a replacement Attorney is temporary. Once the original Attorney regains their ability to act, the replacement Attorney typically steps back, allowing the original Attorney to resume their duties.
Our Advice
Proactive planning is crucial when it comes to LPAs. These are complex legal documents with significant implications for your future well-being. To ensure your LPA is robust, accurately reflects your wishes, and provides for any potential changes in circumstances, seeking advice from a legal professional is highly recommended.
If you need further information on creating or reviewing your LPAs, writing a Will, or an instant quotation, please don’t hesitate to contact us. We’re here to help.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.