At ICS, we understand that peace of mind during later life is crucial. We support the promotion of a power of attorney as a lasting way to ensure your care and finances are cared for, even when it is beyond your capacity to do so.
However, the breakdown of relationships can happen at any time in life, and the reliance on the people you have appointed may not last. This issue can put your future security at risk, which is why ensuring your chosen power of attorney matches your interests and needs is crucial.
Today, we are reviewing the LPA process, the ways in which an attorney can be removed, and how we can support you during this uncertain time.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (or LPA) is a government document and service focused on the welfare of those who no longer have the capacity to make decisions for themselves, either for healthcare needs or financial needs.
This is a legally binding document that allows the orchestrator (or ‘donor’) to appoint one or more people (known as ‘attorneys’) to assist in making decisions or make decisions on your behalf. While it does rely on a second-party involvement, this gives you more control over what happens to you and your assets if you have an accident or an illness that stops you from making decisions.
It may sound like an unnecessary procedure for those that are married or have children that are willing to care for them. However, do not assume a personal relationship means that authority over finances and well-being is an automatic procedure.
Sadly, families across the country each year find themselves in a difficult situation of not having an LPA in place, or they have attorneys on an LPA that are no longer suitable, meaning that their affairs are not being properly managed.
How do I remove a person from my LPA?
There are many reasons why an attorney can no longer function on an LPA. This could come from a variety of issues related to the attorney, such as:
- Loss of mental capacity
- Divorcing the document donor
- Relationship breakdown
- Becoming bankrupt
- Removed by a court of protection due to abuse
If the issue falls under a relationship breakdown or separation, a partial Deed of Revocation will need to be documented, signed, and officiated by the Office of the Public Guardian. Once this is completed, the removed attorney must be informed of the changes.
To ensure that the donor of the LPA is protected, this office can also investigate any attorney issues, such as misuse of the financial benefits or against the stated instructions of the donor.
How ICS Law can help
The two types of LPA fall under:
- Financial and property
- Health and welfare
We deal with both of these issues with our personal power of attorney advisors, we offer impartial and practical information related to these issues as well as advice on wider issues, such as court of protection matters and creating a will that lasts.
If you’re in need of further advice on authorising and removing attorneys from your LAP, get in touch today.