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.
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:
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.
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 0343 507 5151, e-mail firstname.lastname@example.org, or fill in our online form and one of our solicitors will call you back straight away.
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Choosing who to be your power of attorney is an important decision, how do you decide?