Power of attorney

[beckyman]

A friend has given power of attorney to a legal adviser and now realises that she made a mistake and wishes to cancel the POA and give it to someone else. Is this possible/easy to do/how?

[dzug2]

What sort of Power of Attorney? Cancelling should be easy but procedures will vary according to what type.

Assumes she is mentally capable.

[beckyman]

Yes, she is mentally capable but very ill physically. I do not know what type of POA she has - are there many?

[ubasses]

enduring
general
lasting (this is the new one)

[Graham-W]

If you still have mental capacity, you can revoke the Lasting Power of Attorney. You will have to advise your attorneys and the Office of the Public Guardian to remove the Lasting Power of Attorney from the register.

To cancel your Lasting Power of Attorney you must complete a ‘Deed of Revocation’ form. The form should then be sent to your attorney and the Office of the Public Guardian (if the Lasting Power of Attorney has been registered).

You can get a ‘Deed of Revocation’ form from any legal stationer or from a legal adviser. You can also use the suggested wording below in a letter if the Lasting Power of Attorney has been registered. This would act as a deed of revocation.

If it has not been registered, use the words "instrument intended to create a Lasting Power of Attorney" instead of "Lasting Power of Attorney". This is because in law it is not a Lasting Power of Attorney until it is registered.
eg.
Deed of revocation

This deed of revocation is made by [donor's name] of [donor's address]

1. I granted a Lasting Power of Attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the Lasting 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 Lasting Power of Attorney and the authority granted by it

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

[Graham-W]

The above is for a Lasting Power of Attourney.