Enduring Power of Attorney questions

immy1

We set up an EPA some years ago but now want to cancel it completely.  My spouse has advanced cancer but is still being treated. In the meantime as the solicitor misunderstood our intentions when the EPA was set up we want to completely cancel. All parties are of presently mentally capable. I have found some information which states that we need to fill in a Deed of Revocation but are at a loss how to get this completed quickly.  Thanks for any advice.

JGB1955

The wording is here Use or cancel an enduring power of attorney - GOV.UK (www.gov.uk)

Use the following words and replace the words in the square brackets with the relevant details:

Deed of revocation

“This deed of revocation is made by [your name] of [your address].

1: I granted an enduring power of attorney on [date you signed the enduring power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I revoke the enduring power of attorney and the authority granted by it.

Signed and delivered as a deed [your signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]”

immy1

Thanks.  I did see that on gov.uk but it does not tell you what to do with it once you have revoked it. Post it off somewhere or just keep it?

anmarj

Scrap that gov uk says differently https://www.gov.uk/use-or-cancel-an-enduring-power-of-attorney

you keep with the documents 

immy1

Ok thanks for the help. I will check that out.

Malthusian

You should both make new Lasting Powers of Attorney before revoking the old EPA. You haven'd said what is wrong with the old one but if something happened it might be better than no Lasting / Enduring POA at all, and having to apply to the Court of Protection (which is very slow and expensive).

immy1

yes we are going to do that but apparently the backlog means they take about 5 months to be registered.

Malthusian

True, but if one of you loses capacity, a completed and signed LPOA (or EPOA) that hasn't been registered yet is more useful than one that can now never be made.

Keep_pedalling

immy1 said:

yes we are going to do that but apparently the backlog means they take about 5 months to be registered.

In the mean time I would make sure all critical cash such as income, and emergency fund is in joint accounts.