Life does not stand still. When you first agreed to act as an attorney under a Lasting Power of Attorney for property and financial affairs, your situation or the donor’s may have looked very different. If this happens, there are steps you can take to stop being an attorney.
The Weight of Responsibility
Depending on the terms in the LPA, you may be asked to make important financial decisions on behalf of the donor once the LPA is in use. Sometimes, the donor’s finances become more complicated or you may find you are no longer able to manage the role due to health reasons or personal commitments.
Stepping Down as Attorney
If you feel unable to continue, you can choose to stop acting as an attorney. This is called ‘disclaiming’ your appointment. This is a permanent decision so you should first seek advice from the Office of the Public Guardian or a solicitor, to make sure the donor’s interests remain protected. If a replacement attorney is named, they may be able to take over. If not, your resignation could make the LPA invalid. If setting up a Power Of Attorney online suits your circumstances, firms such as https://powerofattorneyonline.co.uk can offer help and advice.
How to Disclaim
To step down, you must complete form LPA005, available from the OPG. The completed form should be sent to the donor and any other attorneys, or to replacement attorneys if you are the only one. You will also need to post a copy to the OPG along with any LPA documents you hold.
