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Insights

Can I remove an attorney from my power of attorney?

Posted on 04th April 2023 in Later Life Planning

Posted by

Emma McAdam

Solicitor
Can I remove an attorney from my power of attorney?

Powers of attorney can be an extremely useful tool to allow family members, friends or professionals to make decisions for you, if it becomes difficult for you to make decisions yourself. However, attorneys are not subject to ongoing supervision and occasionally, this can lead to problems. Attorneys’ circumstances, or their relationship to the donor, could change and they may no longer be suitable to act.

If you have made a power of attorney and no longer wish your attorney to act, provided that you still have mental capacity, you can choose to remove that attorney by sending a document to the Office of the Public Guardian confirming this. If you have appointed multiple attorneys on a joint and several basis, or have appointed replacement attorneys, they could then step in as your attorney. Alternatively, if you have no other attorneys, your power of attorney would come to an end. You would need to make a new power of attorney to appoint new attorneys, if you wished.

If you have a power of attorney but no longer have the capacity to remove the attorney yourself, it is possible for someone to apply to the Office of the Public Guardian on your behalf to ask for the attorney to be removed. The Office of the Public Guardian should investigate and if there is sufficient evidence that the attorney is not acting appropriately, apply to the Court of Protection to have the attorney removed. Again, it is possible that any remaining attorneys would then step in or if no other attorneys are appointed, a deputyship may need to be considered.

It is therefore crucial to consider potential attorneys carefully and make sure you choose people you can trust. Tozers offer a professional attorneyship service to clients who feel that an objective professional is the best choice for them, or those who have complex affairs which need ongoing advice.

 

How we can help

To find out more about putting an LPA in place, amending an LPA, or advice on an attorneys duties,  please contact our specialist later life planning team who will be more than happy to help.

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The changes to Business and Agricultural Reliefs from Inheritance Tax have certainly grabbed headlines with many farmers anxious about what this means for their family farms. Based on these headlines, it is easy to be swept along with the notion that the changes are all doom and gloom, but here at Tozers, we have taken a moment to pause and consider how the proposed changes might actually play out for our clients in practical terms. Read the latest insight from succession planning expert Naomi Hoare below.

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Budget Watch: Key Inheritance Tax changes for Park owners

Posted on 31st October 2024 in Parks, Probate & Wills, Later Life Planning

Speculation has been rife about the changes the Chancellor might introduce in the Autumn Budget, and expectations were high for significant adjustments to Inheritance Tax for park owners. The key changes for holiday and residential park owners include the reduction of protection from Inheritance Tax provided by Business Relief and Agricultural Relief, the inclusion of inherited pensions and death benefits payable. Our Head of the Wealth Management Team, Gráinne Staunton provides a summary of the key changes you need to be aware of.

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Gráinne Staunton

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