How Long Is a Lasting Power of Attorney (LPA) Valid?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• How Long Does a Lasting Power of Attorney Last?
• At What Age Should I Consider a Lasting Power of Attorney?
• What is the Difference Between the Court of Protection and a Lasting Power of Attorney?

  
  

INTRODUCTION

A Lasting Power of Attorney (LPA) is an important legal tool that allows you to designate one or more people to make decisions on your behalf in the event that you are unable to do so for yourself. These appointed individuals are known as "Attorneys."

As its name suggests, "lasting" indicates that the Power of Attorney is designed to continue serving its purpose throughout your lifetime once it is registered with the Office of the Public Guardian (OPA).

In reality, however, circumstances and conditions change, which means specific "triggers" could appear for the LPA to be considered no longer "lasting," and the element of continuity is removed.

This article outlines the conditions under which the LPA stops serving its purpose. 

FACTORS THAT TERMINATE AN LPA'S VALIDITY

As the name suggests, a Lasting Power of Attorney (LPA) continues to serve its purpose throughout your lifetime and remains valid under the following conditions:

• Until the Donor Revokes It: As the Donor, you have the right to withdraw your LPA whenever you see fit. For revocation to be effective, it must be carried out in accordance with the correct legal procedure, and you should consult the Office of the Public Guardian for instructions.

• After the Donor Passes Away: An LPA is only valid while the Donor is alive. Following the Donor's passing, the Attorney's authority ends, and the execution of the donor's Will or the rules of intestacy are triggered.

• Court of Protection Annulment: In certain situations, the Court of Protection may dissolve an LPA if it determines that the Attorney is not working in the Donor's best interests or if the Donor demonstrated a lack of mental capacity to create the LPA in the first place.

• Bankruptcy (In the Case of Financial LPAs Only): The LPA may be revoked or have its authority limited if the donor or the Attorney (for Property and Financial Affairs LPAs) files for bankruptcy.

PRESERVING THE LONGEVITY OF YOUR LPA

To ensure your LPA remains effective and up to date, we recommend the following proactive measures:

• Check That It's Officially Registered: For an LPA to be considered valid, it must be registered with the OPG. LPAs that aren't registered can't be used.

• Carry Out Regular Reviews: You should check your LPA occasionally to ensure your current wishes and circumstances are still accurately reflected in it and that your appointed Attorneys are still available and willing to represent you.

• Maintain Regular Communication With Your Attorneys: In addition to maintaining regular contact with your Attorneys to ensure they're still available and willing to act as Attorneys, you should also remind them of their responsibilities and duties so they know what's expected of them. In doing so, you avert the likelihood of problems with your Attorneys or the LPA being revoked later.

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