Lasting Powers of Attorney (LPA) are enormously helpful documents that allow an individual (the donor) to appoint trusted individuals (called attorneys), often family members or close friends, to make decisions on their behalf should they lose mental capacity to make those decisions directly.
There are essentially two types of LPAs: the first is a Property and Financial LPA that gives attorneys the power to deal with the donor’s financial affairs, such as to pay their bills, sell their property or investments and operate their bank accounts. The second is a Health and Welfare LPA, that gives attorneys the power to make decisions about matters such as the donor’s medical treatment, where the donor should live and how they should spend their time.
But what happens if circumstances change?
There are many reasons why an LPA might need to be changed, typically where it is not possible for an attorney to continue to act or where there is a change in the donor’s circumstances that makes it difficult for an attorney to act in their best interest.
Common reasons we see include:
- A breakdown in relationships, such as falling out with the donor or their family.
- The death of an attorney.
- The attorney loses the capacity to act. You can read more on this here.
- Concerns over the attorney misusing their powers or not acting in the best interest of the donor.
- Change in the circumstances of the donor, meaning there may be better-suited individuals to act as attorney.
Whilst it is possible for an LPA to be changed, usually by revoking the existing LPAs and putting new ones in place, this can only be done if the donor has mental capacity. Without the mental capacity to understand or make decisions directly, the ability to alter an LPA is significantly limited.
However, all is not lost. There are still routes available if the LPA is no longer working in the donor’s best interests.
Deputyship order
LPAs are managed by the Office of the Public Guardian (OPG) but the Court of Protection has the power to remove an attorney if they lose capacity themselves, if they are acting improperly or, in the case of a Property and Financial LPA, if they are declared bankrupt.
Alternatively, if it is unlikely that the donor will regain mental capacity to change or revoke the LPA and the LPA is no longer workable or no suitable attorneys remain, family members can apply to the Court of Protection to become a deputy.
A deputy can only be appointed by the Court and acts in a similar way to an attorney, making decisions on the donor’s behalf.
Obtaining a deputy order can, however, be a time-consuming and cumbersome process. As part of the application process, the Court of Protection will require clear evidence that capacity has been lost, meaning medical assessments will be required.
Additionally, specific individuals need to be formally notified of the application, which can include those family members that do not necessarily have much involvement with the donor. There is also a strict timeframe in which documents need to be served, and a detailed understanding of the donor’s financial assets and liabilities will also need to be disclosed.
It is recommended that where an LPA is not working as intended or where an attorney is no longer able to act in that role, specialist legal advice is obtained. Lawyers with experience in dealing with LPAs and Deputyship Orders can guide you through this process.
Contact our Private Client Solicitors
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 04 August 2025. The information above may be subject to change.
The content of this note should not be considered legal advice, and each matter should be considered on a case-by-case basis.
