Lasting power of attorney: acting as an attorney

7. Stop acting as an attorney

The lasting power of attorney (LPA) ends when the donor dies.

Tell the Office of the Public Guardian (OPG) and send them:

  • a copy of the death certificate
  • the original LPA
  • all certified copies of the LPA

Office of the Public Guardian
Telephone: 0300 456 0300
Monday to Friday, 9am to 5pm, except Wednesday, 10am to 5pm
Find out about call charges

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

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 hasn’t 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 can’t 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