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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Re the Power of Attorney I have just received the following

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Re the Power of Attorney
I have just received the following in an e-mail from my former Grammar School teacher, now well into her 90's and I am 75 and a Nun. Please can you advise me how to reply to her request?

Please can and will you advise me regarding the matter of ‘Power of Attorney’ ? If I need the services of a solicitor in this matter I hope to ask you to ‘do the necessary’.

The matter is this: I have at present two people who have the power of attorney. Can I change one of them without going through any legal process – save the re-registration of names? Or is there something besides that?

I would be grateful for your help in this.

Mother Helena.
e-mail *****@******.***
Good afternoon, thank you for your question, I will assist you.

Essentially, so I am understanding this right, your friend is seeking your advice and assistance to change one of the names of the people with a Power of Attorney for her, is that correct?

Does she still have capacity or has the POA been invoked?

Customer: replied 3 years ago.

Thank you. I have not seen my friend face to face for several years but I would think from the fact that she has used my email and asked her question clearly that she does still have capacity and the POA has not been invoked. I do not live near her but want to help.

Is it possible you could provide me with an answer for both cases, as to what needs to be done (1) if she has capacity and (2) if the POA has been invoked?


Hi Helena

It is a little difficult to advise you correctly without knowing the full details of the type of POA - whether this is an Enduring POA (made pre 2007) or a Lasting POA (post 2007).

However, I will assume for this matter that she has a Lasting POA (LPA) - but you really need to check this.

An LPA is a deed created in a prescribed form and the Mental Capacity Act 2005 provides no scope for an LPA to be amended after execution.

Therefore, what your friend would need to do, is revoke the former LPA and prepare a new one. She does not need to go through a legal process
nor does she need a solicitor.

If your friend considers that one of the persons named with the POA has done something in breach of what they are authorised to do, then this is different. However in terms of changing the named POA she would need to revoke the current POA and create a new one.

She must complete a statement called a ‘deed of revocation’ to do this and can use the following wording to do this:

This deed of revocation is made by [donor’s name] of [donor’s address].

1: I granted a lasting power of attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I revoke the lasting power of attorney and the authority granted by it.

Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]

She must be able to make her own decisions when she cancels it.

Then she needs to send the deed of revocation to the Office of the Public Guardian with the original documents. I would also advise - although not a requirement - to send a copy of the deed of revocation to the "attorneys" by registered post.

To prepare a new LPA (if she requires one) this link will take you to the government website with the correct forms to complete -

This is the address and contact details of the Office of the Public Guardian:

PO Box 15118
Birmingham B16 6GX
T 0300(###) ###-####

If you/your friend would like assistance from a solicitor, then there is a network called Solicitors for the Elderly (sorry about the term "elderly") who are an independent, national organisation of lawyers, such as solicitors, barristers, and legal executives who provide specialist legal advice for older and vulnerable people, their families and carers.

Their contact details are:

Solicitors for the Elderly Ltd
Room 17, Conbar House
Mead Lane
Hertford SG13 7AP
T: 0844 5676 173

If your friend does have an Enduring POA then she can still revoke it. If it is not registered she can simply destroy it and then complete and register with the Office of the Public Guardian a new LPA.

If your friend has lost "capacity" - although as you say she contacted you by email and asked her question clearly - then she cannot make a new POA.

But if there are concerns that an attorney or a deputy is not acting in the best interests of someone who has lost their mental capacity. You can and should report your concerns to the Office of the Public Guardian.

I hope this assists. But please feel free to ask any further questions or ask me to clarify something if needed.
Kasare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear Kasare,

Thank you for what seems a comprehensive and helpful reply.

I plan to phone my friend tonight and will suggest I go and visit her as soon as possible - may be Wed or Thurs this week.

Is it possible for me to get back to you if I find I need just a little more help when I am face to face with my friend? I would be grateful just to know that there is a possibility of this though it probably will not be necessary.