Keeping Your LPA Current | Curtis Parkinson
Attorney Replacement

Keeping Your LPA Current

20 January, 2026 3 minutes reading time


How to Change or Replace Your Attorneys

A Lasting Power of Attorney (LPA) isn’t just a “set it and forget it” document. As life evolves—marriages happen, friendships change, and people move away—the people you chose five years ago to look after your health or finances might not be the right fit today.

If you are unsure whether your LPA still reflects your wishes, here is a brief overview of what you need to know about making changes.

Removing an Attorney

As long as you still have mental capacity, you can remove an Attorney. If an Attorney is no longer the right fit—perhaps because of issues in your relationship, their health concerns, or just a change of heart—you can revoke their powers. 

The Process

You need to send a “Deed of Revocation” to the Office of the Public Guardian (OPG). You can’t simply “swap” names on an existing form. If you want to add someone new as a primary Attorney, you usually need to create a brand-new LPA. 

The Power of “Replacements” 

Think of replacement Attorneys as your “backup plan.” By naming them when you first create your LPA, you ensure that if your primary Attorney can no longer act, your affairs don’t end up in a legal vacuum.

Replacement Attorneys usually step in if the original Attorney:

  • Passes away.
  • Loses mental capacity.
  • Declines the responsibility (disclaims). 
  • Becomes bankrupt (specifically for Property and Financial Affairs LPAs). 

When a Replacement Steps In 

There is often confusion about whether a replacement remains in the role.

Permanent Replacement

If a primary Attorney dies or is permanently removed, the replacement takes over the role permanently. 

The “Step Back” Rule

In specific circumstances where an Attorney is only temporarily unable to act, the replacement may fill the gap until the original Attorney is fit to return.

NB: If your LPA is set up so that your Attorneys must act “jointly” (meaning they must agree on everything), the loss of one Attorney could cancel the entire LPA unless you have named replacements. 

If You Lose Capacity 

If you lose mental capacity and an Attorney acts improperly or cannot perform their duties, you cannot change the LPA. In these cases, an application must be made to the Court of Protection. This process can be lengthy and expensive, which is why choosing the right people (and backups) from the start is so vital. 

Our Advice 

Don’t wait for a “curveball” to find out your legal protections are outdated. Whether you need to revoke an Attorney, appoint a new one, or create your very first LPA, we can guide you through the process. Please don’t hesitate to contact us for a review of your current documents or an instant quotation. 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.

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