Revocation of a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is automatically revoked under certain conditions set out in the Mental Capacity Act. An LPA may also be revoked by donor, i.e. the person who had made the LPA.
Scenarios under which a Lasting Power of Attorney is Automatically Revoked
Section 15 of the Mental Capacity Act stipulates the following scenarios under which the LPA will be automatically revoked:
- Upon the death of the donor or the donee, i.e. the person appointed by the donor;
- Upon the liquidation, winding up, dissolution of the donee (where the donee is a corporation), or when it is placed under judicial management;
- When the donor or donee becomes bankrupt (this only revokes the LPA so far as it relates to the donor’s property and affairs);
- Upon the dissolution (i.e. divorce) or annulment of a marriage between the donor and the donee (unless the LPA states otherwise); and
- When the donee loses mental capacity.
Revocation of the Lasting Power of Attorney by the Donor
An LPA may be revoked at any time by the donor as long as he has mental capacity to do so.
To revoke the LPA, the donor has to do the following:
- Complete and sign the revocation form;
- Inform every donee of the revocation; and
- Inform the Public Guardian of the revocation. This can be done by bringing the following items to the Office of the Public Guardian:
- The completed revocation form;
- The original LPA;
- Any office copy of the LPA; and
- The cancellation fee of $25. The Public Guardian may additionally require the donor to provide further information or documents before cancelling the registration of the LPA.
If a donee is not informed of the revocation of the LPA, he/she may be protected under the Mental Capacity Act if he/she relies on the LPA to manage the donor’s affairs if and when the donor eventually loses mental capacity. A person who deals with the donee in such circumstances may be similarly protected.
What Happens after the Lasting Power of Attorney is Revoked?
Once the LPA is revoked, the Public Guardian will cancel the registration of the LPA. Notice of the cancellation of registration will be given to the donor and every donee. The Public Guardian will also upload the LPA Reference Number of the revoked LPA on its List of Revoked LPAs.
What If the Donor Did Not Have Capacity When He Revoked the Lasting Power of Attorney?
The donor’s mental capacity or lack thereof is an issue to be determined by the court. If you do not think that the donor had mental capacity at the time when he/she revoked the LPA, you may need to make an application to the court. A lawyer will be able to assist you in making such an application.
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