Can a power of attorney be amended?

You may have made a power of attorney online, but this may not be the end of the matter. There may have been changes in your circumstances or those of the Attorneys you have included in the document. Here we look at the kind of amendments you may wish to make.

Why might you want to make changes?

At the outset, you will probably have made a power of attorney online by searching at sites such as /powerofattorneyonline.co.uk/, but now find that due to events, you wish to make changes.

These might include the sudden unavailability of an Attorney, your own divorce, re-marriage or the birth of a child, which means you may wish to change the specifics of the LPA or change Attorneys. Even something as simple as a change of address means that the Office of the Public Guardian needs to be notified.

What steps do I need to take?

It is important to understand that once you have registered an LPA with the Office of the Public Guardian, you must follow the proper procedure, even if you consider the changes you wish to make to be minor.

You can find more information about making changes to an LPA online at the Office of the Public Guardian.

It is likely that if you want to change Attorneys, add a new one or amend your instructions, you will need to cancel the current LPA and create another one. The reason for this is that the Lasting Power of Attorney will either give someone else control over your finances or property if you lose mental capacity, or in the case of an LPA covering health and care, the treatment you will receive if you fall ill or are incapacitated.

Needless to say, LPAs are legal documents which demand clarity and amendments may create confusion if they are not carried out according to the requirements of the OPG. It is important not to create circumstances in which the LPA can be challenged, as this may mean your wishes are not carried out.