At Gorvins, we understand that circumstances can change over time. As such, we know that when invoking the Lasting Power of Attorney a situation can arise where you may wish to revoke this Power of Attorney. Our expert team of Wills and Probate solicitors can help guide you through this process every step of the way.
What is the Lasting Power of Attorney?
A Lasting Power of Attorney allows someone, known as a Donor, to choose an attorney to take control of their finances. This is registered with the Office of the Public Guardian and can be immediately used by the chosen attorney – unless pre-defined restrictions are in place. As such, it is always vital that a trusted person is chosen as this can deteriorate quickly otherwise.
For example, you may later wish to revoke Power of Attorney as a result of the attorney’s failure to carry out their duties properly or to a satisfactory degree. The signs for this are not always apparent and it can take some time to realise this is the course of action to take.
How to Revoke Power of Attorney?
If a Donor still has full capacity, removing Power of Attorney is a simple case of revoking the power if they are unhappy with their attorney’s conduct. However, in a situation where a Donor has lost capacity an application to the Court of Protection will need to be made to revoke Power of Attorney from this attorney.
Under the Mental Capacity Act 2005, the Court of Protection has the right to revoke Power of Attorney in a number of situations. There may be several grounds for doing this, including:
- Fraudulent behaviour in the role.
- Having exercised pressure to force the Donor to name grant them Power of Attorney in the first place.
- The attorney has behaved in or is behaving in a manner that is not in the Donor’s best interests.
- Proposes to act in a way that is not in the Donor’s interest.
The step to revoke Power of Attorney is very serious and so the Court of Protection will look at all matters seriously. Particularly, they will assess the gravity of the offending or suspected behaviour of the attorney. They will consider whether or not it is appropriate to revoke Power of Attorney, or indeed if it is in the Donor’s best interest to do so.
How Can Gorvins Help?
Are you looking for advice in regards to how to revoke the Power of Attorney? Our talented team of solicitors here at Gorvins can help. Contact us on 0161 930 5151, e-mail actonit@gorvins.com, or fill in our online form and one of our solicitors will call you back straight away.
