When Does a Lasting Power of Attorney (LPA) End in the UK?

When Does a Lasting Power of Attorney (LPA) End in the UK?

A Lasting Power of Attorney (LPA) is a crucial legal document in the UK, enabling a person (the “donor”) to appoint one or more individuals (the “attorneys”) to manage their financial or health affairs if they lose the ability to make decisions. However, many people wonder when an LPA actually ends. This blog will explore the various scenarios that can lead to the termination of an LPA.

1. The Death of the Donor

The most straightforward and definitive reason for an LPA to end is the death of the donor. When the donor passes away, the LPA is no longer valid, and the attorney’s power ceases immediately. Following the death, the responsibility for managing the donor’s estate passes to the executors named in the donor’s will. If there is no will, the estate will be administered under intestacy rules, and the court will appoint administrators.

Once the donor has died, attorneys should notify relevant institutions, such as banks, of the death and return the original LPA document.

2. The Death of the Attorney

If the attorney appointed in the LPA dies, the impact on the LPA depends on a few factors:

• If only one attorney was appointed and they pass away, the LPA ends.
• If the donor has appointed replacement attorneys, they can step in, and the LPA will remain in effect.
• If multiple attorneys were appointed and one dies, the others can continue to act, provided the donor did not specify that they must act jointly on all decisions. If they were to act jointly, the death of one attorney could invalidate the LPA.

3. The Donor Cancels (Revokes) the LPA

The donor retains the right to revoke the LPA as long as they still have the mental capacity to make this decision. This can happen for various reasons, such as no longer needing the LPA or losing trust in the appointed attorney.

To revoke the LPA, the donor must:

• Write a formal statement of revocation.
• Notify the attorney(s) and relevant parties, including the Office of the Public Guardian (OPG).

It is important to ensure the donor is legally capable when making this decision, as revoking the LPA requires full mental capacity.

4. The Donor or Attorney Loses Mental Capacity (for Certain LPAs)

The reason for creating an LPA is often to prepare for the loss of mental capacity. However, if the donor regains mental capacity after losing it, they may choose to end the LPA.

Similarly, if the attorney loses mental capacity, they are no longer able to act on behalf of the donor. If this happens, the LPA either ends or, if multiple attorneys were appointed, the others can continue to act, provided the donor allowed this flexibility when creating the LPA.

5. The Attorney Resigns

An attorney may decide to resign from their role, and this can be done at any time, provided the donor still has mental capacity. If the donor lacks capacity, the attorney must seek permission from the Court of Protection to resign.

If multiple attorneys were appointed and one resigns, the LPA remains valid unless all attorneys resign or the LPA was structured to require all attorneys to act jointly.

6. The LPA is Invalidated by the Court of Protection

The Court of Protection has the authority to step in and terminate an LPA in certain circumstances. This typically happens if:

• The attorney is found to be acting improperly or not in the donor’s best interest.
• There are concerns about the attorney’s suitability, such as if they become bankrupt or subject to a debt relief order (this only applies to property and financial affairs LPAs).

In these cases, the court can remove the attorney and appoint a deputy if necessary to manage the donor’s affairs.

7. Bankruptcy of the Donor or Attorney

If the donor becomes bankrupt, any property and financial affairs LPA immediately ends. However, a health and welfare LPA would remain valid because bankruptcy doesn’t affect decisions related to health and personal care.

If the attorney becomes bankrupt, they can no longer manage the donor’s financial affairs, and the LPA for property and finances will end. However, a health and welfare LPA would continue as bankruptcy does not affect this type of decision-making.

8. Marriage or Civil Partnership of the Attorney (or Donor)

If the donor appoints their spouse or civil partner as their attorney, the LPA will end if the marriage or civil partnership is dissolved or annulled, unless the donor specifies in the LPA document that it should continue in such an event.

Similarly, if the attorney marries or enters a civil partnership and the new relationship affects their suitability (for example, by leading to a conflict of interest), the court may terminate the LPA.

Conclusion

Understanding when a Lasting Power of Attorney ends is crucial for both donors and attorneys. The end of an LPA can occur for various reasons, from the death of the donor to the revocation or resignation of the attorney. Being aware of these scenarios ensures that LPAs are properly managed and that both donors and attorneys are prepared for potential legal and practical implications. If you are ever in doubt, seeking legal advice or consulting the Office of the Public Guardian can provide clarity.