What if my attorney can no longer act?
Sometimes, an attorney can no longer act and make decisions for you. This could be for a number of reasons, including:
- Because they no longer want to be your attorney
- They pass away
- They lose capacity to make decisions for you, for example through physical or mental illness
- They become bankrupt or subject to a debt relief order
- You and your attorney were married or in a civil partnership when you made your LPA. You are now divorced or no longer civil partners.
If one of your attorneys dies, you must tell the Office of the Public Guardian (OPG) so that they can update their records.
You must send the OPG your original LPA any certified copies. You must also send a copy of the attorney’s death certificate if they died outside of the UK.
There was only one named attorney remaining, or if your attorneys had to make all decisions together (known as acting “jointly”) – The OPG will cancel your LPA, and you will need to make a new one.
If your attorneys were instead able to make decisions on their own as well as together (known as acting “jointly and severally”) – The OPG will update your LPA to remove the deceased attorney, and will return the original LPA to you.
For more information on how attorneys can make decisions for you, see: When can my attorneys act for me?