Lasting power of attorney: acting as an attorney
Stop acting as an attorney
The lasting power of attorney (LPA) ends when the donor dies. You must report the death of a donor to the Office of the Public Guardian (OPG).
Stopping before the donor dies
You can choose to stop acting as an attorney - sometimes called ‘disclaiming’ an attorneyship.
There are also some cases in which the law requires you to stop acting as an attorney.
Any replacement attorneys listed in the LPA will take over if you stop.
If there are no replacements, there may be other ways to help the donor make decisions.
If you choose to stop
Fill in and send a notification form to:
- the donor - if the LPA has not been registered
- the donor and OPG (at the address on the form) - if the LPA is registered
- any other attorneys appointed on the LPA
When you have to stop
You must stop acting as an attorney if:
- the donor takes you off their LPA - sometimes called ‘revoking’ an attorney
- you lose mental capacity and cannot make decisions any more
- you’re a property and financial affairs attorney and you become bankrupt or subject to a debt relief order
- you’re married to or in a civil partnership with the donor and you get a divorce or an annulment (unless the LPA says you can keep acting as an attorney)
- you’re a joint attorney and another attorney stops acting, unless the LPA says you can carry on making decisions