A power of attorney is a legal document that lets someone you trust make decisions for you if you can’t. There are ways to change a power of attorney even after registering it.
What to do if you need to end or make changes to your power of attorney
Keeping your power of attorney up to date
It’s important that you don’t make changes to the power of attorney document itself, as this might make it invalid.
Follow these steps to work out what you need to do
Report name or address changes
If you or your attorney changes name or address, you must tell the:
- Office of the Public GuardianOpens in a new window if you live in England or Wales
- Office of the Public Guardian ScotlandOpens in a new window if you live in Scotland
- Office of Care and ProtectionOpens in a new window if you live in Northern Ireland.
In England and Wales, if you wish to register to use your lasting power of attorney online, double check that the attorney's addresses are accurate. This is because activation codes will be sent to the current address on the lasting power of attorney record.
You must provide proof of your new name or the attorney’s new name like:
- a copy of the marriage certificate, or
- deed poll.
If it’s an address change you don’t need to send any supporting documents.
If one of your attorneys dies
You must notify the:
- Office of the Public GuardianOpens in a new window if you live in England or Wales
- Office of the Public Guardian ScotlandOpens in a new window if you live in Scotland
- Office of Care and ProtectionOpens in a new window if you live in Northern Ireland.
You’ll also need to send certified copies of the power of attorney.
If the attorney died outside the UK, include a copy of the death certificate.
Your power of attorney will be cancelled if:
- the attorney who died was your only attorney, or
- an attorney dies and the attorneys had to make all decisions together (called acting ‘jointly’).
Your power of attorney will be updated:
- if an attorney dies and the attorneys were able to make any decisions on their own (called acting ‘jointly and severally’).
You must include a return address when you send back your power of attorney.
Adding or removing an attorney
As long as you still have mental capacity, you can remove an attorney at any time.
For instructions on amending or removing a power of attorney:
- In England and Wales: at GOV.UKOpens in a new window
- In Scotland: go to the Office of the Public Guardian ScotlandOpens in a new window website
- In Northern Ireland: go to the Office of Care and ProtectionOpens in a new window website
If you want to add another attorney, you’ll need to end your power of attorney and make a new one.
Find out more about assessing and understanding mental capacity in our guide Helping someone who has lost mental capacity manage their money
Cancelling a power of attorney
As long as you still have mental capacity, you can cancel a power of attorney at any time.
For instructions on cancelling a lasting power of attorney:
- In England and Wales: at GOV.UKOpens in a new window
- In Scotland: go to the Office of the Public Guardian ScotlandOpens in a new window website
- In Northern Ireland: go to the Office of Care and ProtectionOpens in a new window website
Find out more about what to do if you’re having problems with an attorney
What to do if you’re having problems with an attorney
Your attorney must:
- support you to make your own decisions
- make all decisions in your best interests
- consider your wishes and feelings.
If they don’t do these things, find out what to do in your country.
Follow these steps to work out what you need to do
How to report concerns if you live in England or Wales
You can:
- fill in the concern raising formOpens in a new window at GOV.UK
- write to, email or call the Office of the Public Guardian.
In your report, include:
- your details – like your full name, address, date of birth and your contact details
- the date you first noticed the concern
- any evidence to support the concern – for example, financial records
- what you know about the donor’s mental capacity. This is the person who made the power of attorney, if you’re reporting on behalf of them, including copies of any mental capacity reports or names of who might have these.
If you don’t have all this information, you can still report a concern.
After you make your report, the Office of the Public Guardian will then check if it has the legal authority to investigate.
Contact the Office of the Public Guardian
opg.safeguardingunit@publicguardian.gov.uk
Telephone: 0115 934 2777 | Textphone: 0115 934 2778
Monday to Friday, 9am to 5pm | Wednesday, 10am to 5pm
Find out about call chargesOpens in a new window
Office of the Public Guardian, PO Box 16185, Birmingham B2 2WH
How to report concerns if you live in Scotland
You can:
- fill in the referral formOpens in a new window on the Office of the Public Guardian Scotland website
- write to, email or call the Office of the Public Guardian Scotland.
You will need to explain why you think your/the donor’s property and/or financial affairs is at risk.
Contact the Office of the Public Guardian Scotland
opgorders@scotcourts.gov.uk
Telephone: 01324 678300 and press option 1
Monday to Friday, 9am to 5pm
The Office of the Public Guardian, Hadrian House, Callendar Business Park, Callendar Road, Falkirk FK1 1XR
How to report your concerns if you live in Northern Ireland
You can write to, email or call the Office of Care and Protection.
You will need to explain why you think your/the donor’s property and/or financial affairs is at risk.
Contact the Office of Care and Protection
OCP@courtsni.gov.uk
Telephone: 0300 200 7812
Monday to Thursday, 9am to 1pm
Room 2.2A, Second Floor, Royal Courts of Justice, Chichester Street, Belfast BT1 3JF, United Kingdom
Consider legal support
If you need help in addressing concerns with your appointed attorney, using a solicitor can be useful.
You can find a qualified solicitor in your area by searching the directories provided by the UK’s law societies:
- In England and Wales: The Law SocietyOpens in a new window
- In Scotland: The Law Society of ScotlandOpens in a new window
- In Northern Ireland: The Law Society of Northern IrelandOpens in a new window
How to spot signs of financial abuse
Financial abuse can be when someone:
- takes out money or gets credit in your name without your knowledge or permission
- makes you hand over control of your accounts
- cashes in your pension or other cheques without your permission
- adds their name to your account
- asks you to change your will
- has offered to buy shopping or pay bills with your money, but you don’t see this happening
- stops you from seeing other friends and family.