Replacing a Lasting Power of Attorny

Rumblejumble1

Hi everyone. My sibling has a LPA for my Dad. My name needs to be added to this LPA. I believe we have to cancel the existing one and register a new one. Is that correct? If it is, will the new one automatically replace the existing one or does my Dad need to cancel the existing one? Any advice and guidance would be gratefully appreciated. Many thanks.

youth_leader

Have you approached your Dad's solicitor?  My aunt had two neighbours as LPAs and one of them withdrew.  My aunt asked her solicitor to add me, and I received the paperwork in the post, it didn't take very long. 

Brie

Don't forget you can DIY an LPA for much less than what a solicitor will charge.  I "think" registering a new one cancels the old one but hopefully someone more knowledgeable than myself can confirm/correct that.

Keep_pedalling

Registering a new one will cancel the existing one. Does your father still have the mental capacity to make a new one?

Marcon

Rumblejumble1 said:

Hi everyone. My sibling has a LPA for my Dad. My name needs to be added to this LPA. I believe we have to cancel the existing one and register a new one. Is that correct? If it is, will the new one automatically replace the existing one or does my Dad need to cancel the existing one? Any advice and guidance would be gratefully appreciated. Many thanks.

See https://www.gov.uk/power-of-attorney/change-your-lasting-power-of-attorney

Brie said:

Don't forget you can DIY an LPA for much less than what a solicitor will charge.  I "think" registering a new one cancels the old one but hopefully someone more knowledgeable than myself can confirm/correct that.

Brie - you do have rather a habit of answering speculatively. Wouldn't it be better to just let someone who knows the answer for certain reply, since you are often not quite right? An existing LPA has to be formally ended, assuming the donor has capacity to do so: https://www.gov.uk/power-of-attorney/end

Brie

Marcon said:

Brie said:

Don't forget you can DIY an LPA for much less than what a solicitor will charge.  I "think" registering a new one cancels the old one but hopefully someone more knowledgeable than myself can confirm/correct that.

Brie - you do have rather a habit of answering speculatively. Wouldn't it be better to just let someone who knows the answer for certain reply, since you are often not quite right? An existing LPA has to be formally ended, assuming the donor has capacity to do so: https://www.gov.uk/power-of-attorney/end

Yes - bad habit that goes with being an optimist I think.  Likely it was a will I was thinking of?  As for formally ending an LPA - well if the donor hasn't the capacity for that then I would firmly say they don't have the capacity to set up a new one.  

Marcon

Keep_pedalling said:

Registering a new one will cancel the existing one. Does your father still have the mental capacity to make a new one?

No it won't. Please see my post above for the relevant link.

EasySolution

Technically an LPA is written as a Deed so it cannot be amended.

It can be revoked as per Marcon's Link

Then the Donor makes a new one in the terms that they want.