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Stop acting as an attorney the donor dies - the enduring power of attorney ( EPA ) ends automatically. you choose to stop being an attorney - sometimes called 'revoking' or 'disclaiming' an attorneyship.
You can end your lasting power of attorney ( LPA ) yourself - if you have mental capacity to make that decision. You need to send the Office of the Public Guardian ( OPG ) both: the original LPA. a written statement called a 'deed of revocation'
Your LPA will end automatically when you die. Your affairs will be looked after by your executors or personal representatives from that point, not your attorney.
The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,2022 an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.
Existing EPAs can still be used, although you can no longer make a new one. Unlike LPAs , EPAs can be used without being registered if the 'donor' (the person who made the EPA ) still has mental capacity the ability to make decisions for themselves.
You can ask the Office of the Public Guardian ( OPG ) to remove an attorney if your lasting power of attorney ( LPA ) is registered and you still have mental capacity to make decisions. You will need to send OPG a written statement called a 'partial deed of revocation'.
With an unregistered LPA any mistakes must be crossed through and written again nearby. The corrections must be initialled by the person completing that particular section of the form and their witness if appropriate.
If anyone believes that an attorney is not acting in the best interests of the donor or potentially abusing their position and they wish to challenge the attorney on their appointment or on specific actions that they have taken then they can report this to the Office of Public Guardian, which oversees these roles.
Put simply, an Enduring Power of Attorney relates to financial and/or property decisions, while an Enduring Power of Guardianship relates to important personal, lifestyle and treatment decisions.
A General Power of Attorney lasts until is it revoked or until you lose mental capacity or die. Unless there is a limitation on an Enduring Power of Attorney it continues until it is revoked or by death of the Donor.