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:
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.Talk to our legal team
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