If a person (the 'donor') appoints another person or persons (the 'attorney(s)') to act on their behalf under a power of attorney (POA), their authority to act continues until the power of attorney is revoked. The revocation of the different powers of attorney is described below.
The death, incapacity or bankruptcy of the donor or sole attorney will automatically revoke the validity of any general POA.
General POAs can be revoked by the donor at any time with a deed of revocation. The attorney must also be notified of the revocation or the deed of revocation will not be sufficient.
The donor can revoke an LPA by giving notice to the attorney(s) and the Office of the Public Guardian (OPG) whilst he or she still has the mental capacity to act. This should preferably be done by a deed of revocation signed by the donor. If the LPA was registered, the OPG will cancel the registration of the LPA when they receive the revocation notice, but only if it is satisfied that the donor has taken all the necessary legal steps to revoke it. The OPG will then also inform the attorney(s) and the donor of the cancellation of the LPA registration.
A property and financial affairs LPA is automatically revoked if:
An enduring power of attorney (EPA) can be revoked by the donor at any time before it has been registered with the Court of Protection (COP). The procedure is the same as for a general POA.
If the EPA has been registered, the donor must apply to the COP for confirmation of revocation. The COP will confirm the revocation where it is satisfied that the donor has taken all the necessary legal steps to revoke it and he or she still has the mental capacity to act.
The EPA may also be automatically terminated where a sole attorney or joint attorney becomes mentally incapable or bankrupt.
The COP can also revoke an EPA in certain circumstances.