Home > Legal Articles > Can an Attorney under a Lasting Power of Attorney retire?

Can an Attorney under a Lasting Power of Attorney retire?

Posted on Tuesday, 10th November 2015 by

The short answer is yes; an Attorney is entitled to resign at any point for any reason.  No-one is compelled to take on the role of an Attorney as the position is a voluntary one.  Whilst many LPAs remain in place for lifetime and are very valuable documents for the family, there are some situations whereby it may be necessary to resign as Attorney.  These typically include situations whereby the Attorney has moved away or have become unwell, such that they can no longer effectively care for the person as they intended to.

 

The process is that an attorney under a lasting power of attorney (LPA) who wants to stop acting must:

  1. complete a disclaimer in form LPA005;
  2. send it to the donor of the LPA, and
  • send copies to the Office of the Public Guardian and any other attorney appointed under the power (as per regulation 20, Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (SI 2007/1253)).

 

The LPA itself will remain valid if a replacement attorney is appointed within the LPA or if there is at least one other attorney already acting and they were appointed to act jointly and severally.

 

With professionally drawn up LPAs thought will have been given to the possibility that the first named Attorney may be unable to act, and so there may well be a mechanism in place already to nominate the successor or continuing Attorney.

 

Where LPAs were drawn up by the original Donor themselves, or where there was no successor named, then there may be no mechanism by which the LPA continues.  If this is the case, then there will be no named Attorney and the route by which further legal authority may be granted is through a Deputy Application to the Court.

 

If you need help with resigning as Attorney or putting in place alternative arrangements, please give us a call and we would be happy to help.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Emma Fuller - Wills, Probate and LPA
Emma Fuller - Wills, Probate and LPA
emma.f@ehlsolicitors.co.uk 01509 212 108
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