Power of attorney and deputyship are crucial legal instruments within the UK's legal framework. They permit an individual, often a family member or close friend, to make essential decisions on behalf of another person where that person has lost or might lose mental capacity. However, there may be situations where the revocation of a power of attorney or the removal of a deputy becomes necessary.

Understanding when and how to navigate these changes is essential to avoiding the many pitfalls and challenges that come with the complexities of UK law. This blog post outlines the circumstances that may call for such a change and outline the legal processes involved in the revocation of a power of attorney or removal of a deputy.

Understanding Power of Attorney and Deputyship

To fully grasp the process of revocation or removal, it is important to first understand what power of attorney and deputyship entail.

Power of Attorney

A lasting power of attorney (LPA) is a legal document that allows one person (known as the attorney) to make decisions on behalf of another person (the donor). These decisions can encompass various aspects of the donor's life.

There are two different types of LPA: Health and Welfare LPA, and Property and Financial Affairs LPA. The former gives the attorney the authority to make decisions about the donor's daily routine, medical care and life-sustaining treatment. The latter allows the attorney to manage the donor's money and property.

The attorney can take on one or both of the types of LPA, or the responsibilities can be split across multiple people.

Deputyship

A deputyship is a more formal arrangement where the Court of Protection appoints a person (the deputy) through a deputyship order to make decisions for someone who lacks the mental capacity to do so themselves. This typically involves managing the person’s property and financial affairs, personal welfare, or both. Unlike a power of attorney, which is put in place by the person needing help before they lose their mental capacity, a deputy is established after capacity has been lost.

Circumstances for Revocation

There are several situations that may call for the removal of a power of attorney or a deputy. These include instances of power abuse or misconduct, where the attorney or deputy may be exploiting their position for personal gain. This could manifest as financial exploitation or misuse of the person’s assets, non-compliance with the duties of their role, or making decisions that are not in the best interests of the person they represent.

Other grounds for revocation could include the attorney or deputy:

• Lacking mental capacity
• Breaching their duty of care
• Being involved in a conflict of interest
• Undergoing significant life changes such as death or bankruptcy

Additionally, if the donor or the person under deputyship regains mental capacity, a deputyship would need to be revoked or removed.

The Legal Process for Revoking Power of Attorney

Revoking a power of attorney requires a careful approach. First, the donor must make the decision to revoke and inform the attorney. It is crucial that this communication is clear and properly documented. Following this, the donor and any other parties involved must complete the relevant forms.

The forms, along with the original power of attorney document, must be submitted to the Office of the Public Guardian (OPG). The OPG will process the revocation, provided all requirements have been met. However, this process may not be straightforward, especially if disputes or complications arise. In such cases, the donor should seek legal advice.

The Legal Process for Removing a Deputy

The process of applying for the removal of a deputy is slightly more intricate, as deputies are typically appointed by the court. The person seeking the removal must first make the decision to do so. They must then gather substantial evidence supporting the removal. This evidence may include proof of the deputy’s failure to carry out their duties, exploitation of the person under their care, or any other misconduct that warrants removal. This evidence, alongside an application form, is then submitted to the Court of Protection.

After careful consideration of the presented evidence, the court makes a decision on the removal of the deputy. As with the revocation of a power of attorney, this process can be fraught with disputes and complications. In such situations, the advice and support of a legal expert can be indispensable.

Role of Solicitors in Revoking a Power of Attorney or Deputyship

Solicitors play a pivotal role in assisting with the revocation of a power of attorney or removal of a deputy. We guide clients through the intricate and often confusing legal process, ensuring that all the legal requirements are met, and the rights of all parties involved are upheld. Seeking advice at an early stage can avoid unnecessary delay and worry.

At JMW Solicitors, we have a dedicated team of experienced professionals in our Will Disputes department. We are well-versed in handling cases involving powers of attorney and deputyship and frequently advise our clients on how to navigate them. From explaining the legal implications and assisting with the necessary documentation, to representing your interests during disputes, our team provides comprehensive legal support for such matters.

For more information, call JMW Solicitors today on 0345 872 6666, or fill out an online contact form and we will return your call at a time convenient for you.