GovWire

Use or cancel an enduring power of attorney

Office Of The Public Guardian

January 14
16:56 2025

class="gem-c-govspeak govuk-govspeak gem-c-govspeak--direction-ltr js-disable-youtube govuk-!-margin-bottom-0">

An enduring power of attorney (EPA) is a document that appoints someone (an attorney) to help manage your property, money and financial affairs.

Your attorney will be able to help you make decisions or make decisions on your behalf if, for example, you have an accident or become ill and cannot make a certain decision at the time it needs to be made (you lack mental capacity).

The EPA was replaced with the property and financial affairs lasting power of attorney (LPA) in October 2007. You can set up a new LPA.

If you made an EPA that was signed and witnessed before October 2007 you can either:

  • continue to use it
  • cancel it and set up a property and financial affairs LPA

This guide is also available in Welsh (Cymraeg).

Use an enduring power of attorney

While you still have mental capacity you can allow your attorney to use an EPA to help manage your finances.

You or your attorney will need to show signed copies of your EPA to banks and financial providers so your attorney can manage your accounts.

You cannot change an existing EPA. Cancel it and set up an LPA instead.

When your EPA needs to be registered

If you lose mental capacity your attorney must register the EPA to start or continue using it.

When its registered, your attorney must:

  • involve you in making decisions wherever possible
  • only make decisions you cannot make yourself
  • follow any instructions youve given in your EPA

You can object to the registration of an EPA.

Cancel an unregistered EPA

To cancel an EPA before you lose mental capacity, make a deed of revocation stating that youre cancelling it and keep it with the EPA form. You and a witness must both sign the deed of revocation.

Do not send the unregistered EPA and deed of revocation to the Office of the Public Guardian - you need to keep them.

You must let your attorney or attorneys and any relevant banks and financial providers know that youre cancelling your EPA.

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]

Cancel a registered EPA

Apply to the Court of Protection to cancel a registered EPA. Fill in and send:

It costs 408 to apply to revoke an EPA. Send a cheque for 408 made payable to HM Courts and Tribunals Service with your forms to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Your EPA ends when you die. Your attorneys must let the Office of the Public Guardian know.

Get a reduction or exemption of the fee

You may not have to pay the fees if youre on means-tested benefits or a low income.

Download the form to check your eligibility and apply.

After you apply to cancel

You may need to provide evidence that you still have mental capacity.

Youll get a decision from the court within 16 weeks.

You can make a property and financial affairs LPA after youve cancelled your EPA.

Related Articles

Comments

  1. We don't have any comments for this article yet. Why not join in and start a discussion.

Write a Comment

Your name:
Your email:
Comments:

Post my comment

News Calendar

January 2025
SuMoTuWeThFrSa
2930311234
567891011
12131415161718
19202122232425
2627282930311
2345678
Today: Sunday, January 19, 2025

Recent Comments

Follow Us on Twitter

Share This


Enjoyed this? Why not share it with others if you've found it useful by using one of the tools below: