A Power of Attorney (POA) gives someone you trust the authority to make decisions on your behalf. It’s an incredibly useful legal document, but circumstances can change. You might fall out with the person you’ve appointed, suspect they’re not acting in your best interests, or simply want to take back control of your own affairs.
If you’re wondering, “Can I get rid of my Power of Attorney?”, the answer is yes – and how you do it depends on the type of Power of Attorney you have.
Before taking any action, it’s important to know which kind of Power of Attorney you’ve made:
There are several reasons why you might decide to revoke or change your Power of Attorney:
Whatever your reason, it’s important to take advice before making changes, especially if your attorney is already acting for you.
If you revoke your Power of Attorney, your attorney will no longer have any legal authority to act on your behalf. You’ll need to think about who will help you in the future, particularly if you later become unable to make decisions for yourself.
Without a valid Power of Attorney in place, your loved ones may need to apply to the Court of Protection to manage your affairs – a process that can be stressful, costly and time-consuming.
If you still want someone to help you, you might prefer to replace your current attorney with someone new rather than remove them entirely.
The process depends on the type of Power of Attorney you have:
Once the OPG has confirmed the revocation, your Power of Attorney will no longer be valid.
Yes. An attorney can choose to renounce (step down from) their role if they no longer wish to act. They’ll need to give written notice, and if no replacement attorney has been named, you may need to make a new Power of Attorney.
This is why it’s always a good idea to appoint more than one attorney or to name replacement attorneys from the outset.
You don’t always have to cancel the entire Power of Attorney. If you’re happy with some of your attorneys but not others, you can make a partial revocation, removing one attorney and leaving the rest in place.
A solicitor can help you decide whether a full or partial revocation is best for your circumstances and ensure all the paperwork is handled correctly.
The best way to avoid problems later is to choose your attorneys carefully. Pick people who are trustworthy, organised, and understand your wishes. It can also be helpful to discuss your preferences with them in advance so they’re clear about your expectations.
Whether you want to review an existing Power of Attorney or put new arrangements in place, getting advice can help avoid confusion over who has authority to act for you. Our Probate, Wills and Trusts solicitors can explain your options clearly.
We can help you:
Power of Attorney arrangements should be updated or cancelled correctly, so there is no uncertainty about who can make decisions on your behalf.
