Can I Make Changes to Power of Attorney?

Can I make changes to the Power of Attorney? This is a question that is mostly met with the answer ‘no’ as the process would involve creating a new document to accommodate alterations.

It can also depend on your status in relation to mental capacity. Certain limited changes can occur, such as asking the Office of the Public Guardian (OPG) to remove an attorney if your Power of Attorney is registered and you still have the mental capacity to make decisions.

It’s important, if you’re uncertain, to seek out legal advice from an expert who can evaluate your circumstances and provide relevant guidance.

Can I make changes to the Power of Attorney?

In most instances, no. The document will need to be destroyed and a new copy created from scratch. However, if you, as dictated by law, still have the mental capacity to make your decisions then you can remove an attorney by producing a written statement, called a partial deed of revocation, and sending it to the OPG.

You must also notify the OPG if you or an attorney changes their name or address, or if an attorney dies.

Great service from Rebecca and her team. Very knowledgeable and offered the support and advice needed.

Joanna

When can a Power of Attorney end?

There are a few instances in which a Power of Attorney may end, including if an attorney loses mental capacity, divorces you or ends your civil partnership (if a husband, wife, or partner), becomes bankrupt (if the Power of Attorney is financially based), or is removed by the Court of Protection.

If your only attorney mentioned in your Power of Attorney dies, then it will come to an end.

How can Winns help?

If you’re researching changes to Power of Attorney, then seeking out legal expertise could be hugely beneficial in your circumstances.

Power of Attorney is a legal process many won’t encounter in their lifetime. As such, it can seem confusing, complicated, and complex, and certainly feel like a daunting prospect when seeking to set one up.

If done incorrectly, it can also lead to more difficulties when it becomes enacted which can add frustration and angst to those involved at a time when the focus should be on supporting a vulnerable person.

Relying on the skills, diligence, and experience of a legal team that specialises in these processes – like our Wills, Probate, and Trusts team – provides reassurance and confidence that, when the time comes, the document created will deliver the legal wishes of those involved.

Rebecca from the Wills and Probate team was fantastic, she explained complicated Power of Attorney information to my mother very sensitively. She made a complicated process very easy for everyone involved. Kind, thoughtful and professional.

Tim

Ready to begin?

Considering making changes to power of attorney? Book an appointment with our team for a no-obligation chat about your circumstances. Don’t leave it to chance, give our experienced legal professionals a call.

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