Many people believe once they have completed and had their LPA registered they need not review it and can leave it in the drawer for safe keeping. This is not the case.
As those with LPAs shall know, these documents are regulated by a government body called the Office of the Public Guardian or ‘OPG’ for short. Similarly to the recommendations we give about reviewing your Will every couple of years or when circumstances change, we advise you do the same thing with your LPAs.
Often changes need to be made to your LPA and these cannot be made by you. If you make changes yourself your LPA could be found to be invalid.
Please see below some circumstances which may result in an official amendment being needed:
Removing an Attorney
The OPG will need a written statement from you which they call a ‘Partial Deed of Revocation’. This needs to be signed by yourself and witnessed by an independent witness. There is specific wording provided by the OPG.
The Attorney you wish to remove must also be notified of your actions.
Adding an Attorney
In order to add a new attorney to your LPA you have to start all over again. You shall be required to revoke your previous LPA entirely and produce a new one. We do not advise you revoke your previous LPA until you have a new one registered however.
Your Attorney’s details change
LPAs are now registered with the OPG on a record. Therefore, if any of your Attorneys change their name through marriage or deed poll or change their address you are obliged to inform the OPG about this. The OPG will also require supporting documents of the change such as the original marriage certificate, change of name deed or proof of their new address.
One of your Attorneys dies
If one of your Attorneys dies you must inform the OPG and send to them:
A copy of their death certificate,
The original LPA,
All certified copies of your LPA, and
A return address so they can send the document back to you once they have been amended.
Above are just a few circumstances where you may need to inform the OPG of changes to your LPAs. Should you wish to seek assistance on any of the above, please do not hesitate to contact our Private Client team on 01858434022 or Kate.Godber@ehlsolicitors.co.uk.
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.