Updating a Lasting Power of Attorney: What You Need to Know 

A Lasting Power of Attorney (LPA) is a legal document allowing a donor to appoint an attorney to make decisions for them when they are unable. It is crucial to manage and update the LPA throughout the donor’s lifetime.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document in which a person (the donor) appoints a trusted individual (the attorney) to make decisions on their behalf when/ if they are unable to do so themselves. It is essential that an LPA is properly managed and kept up to date throughout the donor’s lifetime.  

Whether circumstances change due to death, personal choice, or a change in personal details, there are specific rules set by the Office of the Public Guardian (OPG) that must be followed to ensure the LPA remains a valid and effective. 

Below, we outline the key situations in which an LPA may need to be updated and explain how these changes should be implemented document. 

Updating a name or address 

If an attorney or donor changes their name or address, this information must be updated with the Office of the Public Guardian. To do this, you will need to contact the OPG and provide details such as the LPA reference number, the donor’s full name, and the donor’s date of birth so the record can be located. 

The LPA document itself must not be altered, as any changes made directly to the document itself will invalidate it. The LPA remains legally valid even if it shows previous name or address details. 

Where a name change is involved, supporting evidence must be provided to show that the change is lawful. This may include a copy of a marriage certificate or a change of name deed/ deed poll. Supporting documents should be sent by post to the Office of the Public Guardian. 

Reporting the death of a donor or attorney 

If the donor or an attorney named in an LPA dies, the Office of the Public Guardian must be notified as soon as possible. The original LPA document, along with all certified copies, must be returned to the OPG. 

Once notified, the OPG will cancel the LPA where appropriate. Unless you specifically request otherwise, the cancelled LPA will be destroyed. If you wish the document to be returned to you, a return address should be included when sending the paperwork. 

In most cases, a death certificate does not need to be provided unless the OPG specifically requests it in writing. Where requested, the original death certificate must be supplied. 

Updating a name or address 

If an attorney or donor changes their name or address, this information must be updated with the Office of the Public Guardian. To do this, you will need to contact the OPG and provide details such as the LPA reference number, the donor’s full name, and the donor’s date of birth so the record can be located. 

The LPA document itself must not be altered, as any changes made directly to the document itself will invalidate it. The LPA remains legally valid even if it shows previous name or address details. 

Where a name change is involved, supporting evidence must be provided to show that the change is lawful. This may include a copy of a marriage certificate or a change of name deed/ deed poll. Supporting documents should be sent by post to the Office of the Public Guardian. 

Reporting the death of a donor or attorney 

If the donor or an attorney named in an LPA dies, the Office of the Public Guardian must be notified as soon as possible. The original LPA document, along with all certified copies, must be returned to the OPG. 

Once notified, the OPG will cancel the LPA where appropriate. Unless you specifically request otherwise, the cancelled LPA will be destroyed. If you wish the document to be returned to you, a return address should be included when sending the paperwork. 

In most cases, a death certificate does not need to be provided unless the OPG specifically requests it in writing. Where requested, the original death certificate must be supplied. 

Removing an attorney from an LPA 

It is possible to remove an attorney from an existing LPA via a partial Deed of Revocation.  

Oakwood Solicitors can guide you through this process and prepare the Deed on your behalf. 

However, it is important to note that while an attorney can be removed, a new attorney cannot be added to an existing LPA. If you wish to appoint an additional attorney, a completely new LPA will need to be made and registered. 

Disclaiming the role of attorney 

An attorney may choose to step down from their role at any time by formally disclaiming their appointment. The process depends on the type of power of attorney in place. 

For LPAs, a specific disclaimer form must be completed.  

Different forms apply for Enduring Powers of Attorney (EPAs).  

Further guidance on stopping being an attorney, including duties and responsibilities up to the point of disclaimer, can be found on the GOV.UK website.  

Need advice or support? 

Managing changes to a Lasting Power of Attorney can be complex, and mistakes can have serious legal consequences. If you require guidance on updating an LPA, creating a new LPA, or dealing with any issues involving the Office of the Public Guardian, Oakwood Solicitors can provide clear, practical advice with regard to your circumstances.  

Contact Oakwood Solicitors for professional assistance and peace of mind when dealing with your power of attorney matters. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.