In the UK, a Lasting Power of Attorney allows someone to appoint one or more people to make decisions on their behalf if they can’t do so themselves. But what happens if an attorney no longer wishes to act?
An Attorney Can Step Down from Their Position
An attorney can indeed step down from their position. This is called ‘disclaiming’ the appointment. An attorney may do this for several reasons. They may feel unable to take on the responsibility, their personal circumstances may have changed, or they might have concerns about managing the person’s affairs effectively.
A Formal Disclaimer Form Should Be Filled In
To cancel their appointment, the attorney must complete a formal disclaimer form, available from the Office of the Public Guardian. This form must be signed and sent to the OPG and also shared with the donor, if they still have capacity, and other appointed attorneys. Importantly, an attorney cannot walk away without this process; otherwise, it could create confusion or disputes later. If you want to explore an LPA online, you can visit powerofattorneyonline.co.uk for more information. Only 17 per cent of over 40s have a power of attorney.
What Happens When One Withdraws?
If there is more than one attorney, the effect of the cancellation depends on how they were originally appointed. If attorneys were appointed jointly, the LPA may fail entirely when one withdraws. If they were appointed separately, the remaining attorneys can continue to act without interruption. It’s also worth noting that attorneys cannot transfer their role onto someone else.