“This deed of revocation is made by [your name] of [your address].
1: I granted a lasting power of attorney for property and financial affairs/health and welfare (delete as appropriate) on [date you signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).
2: I revoke the lasting power of attorney and the authority granted by it.
Signed and delivered as a deed [your signature] Date signed [date] Witnessed by [signature of witness] Full name of witness [name of witness] Address of witness [address of witness]”
You must be able to make your own decisions when you end your LPA.
loses the ability to make decisions - ‘loses mental capacity’
divorces you or ends your civil partnership if they’re your husband, wife or partner
becomes bankrupt or they’re subject to a Debt Relief Order (DRO) - if they’re a property and financial affairs attorney
is removed by the Court of Protection
dies
If your only attorney dies
Your LPA will end if your attorney dies and you have no replacement attorneys. You must tell OPG and send them:
the original LPA
all certified copies of the LPA
a return address where your documents can be sent back to
Office of the Public Guardian customerservices@publicguardian.gov.uk Telephone: 0300 456 0300 Textphone: 0115 934 2778 Monday, Tuesday, Thursday, Friday, 9am to 5pm Wednesday, 10am to 5pm Find out about call charges
Office of the Public Guardian PO Box 16185 Birmingham B2 2WH
Your LPA can continue if:
there are other attorneys who can act ‘jointly and severally’ - but not if they are only allowed to act ‘jointly’
Your LPA will end automatically when you die. Your affairs will be looked after by your executors or personal representatives from that point, not your attorney.
What three decisions cannot be made by a legal power of attorney? A power of attorney cannot change or invalidate a will, act outside of the principal's best interest, or violate the terms of nominating documents, and cannot make decisions on behalf of the principal after their death.
A durable power of attorney (POA) permits someone to make financial or health care decisions on your behalf. Unlike a standard power of attorney, a durable POA allows someone to act on your behalf even if you become medically incapacitated.
In other words, you'd use a durable POA if you wanted to give your agent authority once you're unable to act for yourself. Because of this, many consider a durable POA to be the most powerful type of power of attorney.
There are some potential disadvantages of being a power of attorney. The POA must be able to make serious choices that could involve the person's health and estate. If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest.
However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.
What do I do? After being certain that the Power of Attorney gives you the authority to do what you want to do, take the Power of Attorney (or a copy) to the third party. Explain to the third party that you are acting under the authority of the Power of Attorney and are authorized to do this particular act.
There are also some excluded decisions which can't be made for another person. These include the decision to get married, to consent to sex or to vote.
If your spouse has given someone else power of attorney over certain matters, you may not have the final say. A power of attorney grants another person or entity decision-making power over some or all matters just as if you decided yourself.
Introduction: My name is Van Hayes, I am a thankful, friendly, smiling, calm, powerful, fine, enthusiastic person who loves writing and wants to share my knowledge and understanding with you.
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