Solicitors Specialising In Lasting Powers Of Attorney & Court Of Protection 
A lasting power of attorney is a legal document that allows someone (referred to as the donor) to appoint another person (the attorney) to make decisions on their behalf. Once it has been registered, people often ask: can a power of attorney be changed without consent?
The answer depends on the circumstances, and in particular on whether the person who made the document still has mental capacity.
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Can The Donor Change A Power Of Attorney Without Consent of the Donor?
There are 2 quite different potential situations here, which are:
• While they still have capacity: Yes. If the donor still has mental capacity, they can change or revoke a lasting power of attorney (LPA) at any time. They must understand what they are doing and follow the correct legal process.
In practice, this often means creating a new LPA if they want to change attorneys or alter the powers that are given
• After they lose capacity: No. The donor cannot change or revoke the document themselves once they no longer have mental capacity.
Can An Attorney Change A Power Of Attorney?
No. Attorneys do not have the authority to change an LPA. Their role is to act within the powers given to them by the donor. They cannot remove other attorneys, expand their own authority, or amend the donor’s instructions. Their duty is to act in the donor’s best interests and only within the scope of the powers set out in the LPA.
The Role Of The Office Of The Public Guardian (OPG)
The Office of the Public Guardian is responsible for supervising attorneys. If there are concerns that an attorney is not acting properly, anyone can raise a complaint with the OPG. The OPG can:
- Investigate allegations of abuse or misuse.
- Apply to the Court of Protection to remove an attorney.
- Refuse to register an LPA if they believe there has been fraud or undue pressure.
This means that in some cases, an LPA can effectively be “changed” without the donor’s consent – not by rewriting it, but by the Court of Protection removing an attorney who is no longer suitable.
Changing A Power Of Attorney – The Role Of The Court Of Protection
The Court of Protection has wide powers to protect people who lack mental capacity. It can :
- Decide whether an LPA is valid.
- Remove an attorney who is not acting in the donor’s best interests.
- Appoint a deputy to act if no suitable attorney remains.
Families sometimes apply to the Court of Protection when they believe an attorney is mismanaging money or making poor decisions.
Can Family Members Change A Power Of Attorney?
Family members cannot simply change or revoke an LPA because they disagree with the attorney. However, they can:
- Raise concerns with the OPG.
- Apply to the Court of Protection to challenge or remove an attorney.
This protects donors from misuse but also ensures that attorneys cannot act unchecked.
Types Of Power Of Attorney And Changes
There are 3 different types of power of attorney, which are:
- Ordinary power of attorney: this is most commonly used for temporary financial arrangements, and it can be cancelled at any time by the donor (provided they still have mental capacity).
- Enduring power of attorney (EPA): this is the old style form of attorney. In 2007 the LPA replaced the EPA. However existing EPA are still valid if they were created before the law changed. EPAs can be revoked by the donor while they have capacity, or challenged through the Court of Protection if concerns arise.
- Lasting power of attorney (LPA): can be changed by the donor if they have capacity, or investigated/varied by the OPG/Court if concerns arise.
Examples of when changes might be needed
- Donor changes their mind: A parent originally appoints one child but later wants both children to act.
- Attorney moves abroad: A chosen attorney relocates and cannot manage affairs easily.
- Attorney misconduct: Concerns about misuse of funds or decisions not in the donor’s best interests.
- Family conflict: Attorneys cannot agree and the donor wants to restructure the arrangement.
Key points to remember
- Only the donor can change an LPA while they still have capacity.
- Attorneys cannot change the document themselves.
- Once the donor loses capacity, changes can only be made by the Court of Protection.
- The OPG can step in to investigate and apply for removal of an attorney if needed.
- Family members can challenge an attorney but must go through the correct legal process.
How Our Solicitors Can Help
Here at Bonallack & Bishop, our solicitors advise both donors and families on issues with powers of attorney. We can:
- Help donors who want to revoke or amend an existing LPA.
- Advise attorneys who are unsure of their duties.
- Support family members who believe an attorney is misusing their powers.
- Represent clients in applications to the Court of Protection.
Conclusion
A power of attorney cannot normally be changed without consent. If the donor still has mental capacity, they are the only person who can make changes. Once capacity is lost, the only way to remove or vary an attorney is through the Court of Protection. If you are worried about an existing power of attorney or need advice about making changes, our solicitors can give you clear and practical guidance.
Want to know more about LPAs? Click here to read more about making a Lasting Power of Attorney
