Renewing an LPA

[Morg]

I have tried ringing Office of Public Guardian but the phone isn’t answered despite being 3 rd in the queue. My query is… I have LPA for my mum which we sorted 10 years ago. I am the only attorney and due to now being 61 and having my own health issues I feel I should have also put my daughters as attorneys. I think I have to revoke the present LPA and apply for a new one with new names on. My concern is this is now taking 20 weeks to register -is it possible to allow the old one to run until new one in place ? I am little anxious about not having one at all for best part of half a year. Mum is able to understand and sign forms still with support.
id appreciate any views thank you.

 

[canary]

Hello @Morg

Im afraid that you cannot change the POA - only the donor (ie your mum) can do this.

If your mum still has the capacity then she can make a new POA naming you and your daughters as attorneys. If she is still able to understand about POA and consent, then this will be legal, even if she forgets later.

If she doesnt have capacity now then if you do not wish to continue you can renounce being attorney, but your daughters would then have to apply to the Court of Protection for deputyship

 

[nitram]

If mum has capacity she can make a new LPA and submit it as normal.
There used to be a question about previous LPAs on the application fill this in as appropriate.
In any case enclose a letter from mum saying she wishes to revoke existing power and replace it with a new one.
If application is approved the OPG will sort out the timing.

 

[nitram]

You can ask people, professional or lay, for help and advice as long as they don't make any decisions.

 

[Morg]

Thank you both for your prompt replies. I had stupidly assumed I wouldn’t be able to apply for a new one until the other was closed. I didn’t think to put both together in an envelope!! Big relief it’s been on my mind for a while. i will sort this weekend. Thank you again.

 

[nitram]

Thank you both for your prompt replies. I had stupidly assumed I wouldn’t be able to apply for a new one until the other was closed. I didn’t think to put both together in an envelope!! Big relief it’s been on my mind for a while. i will sort this weekend. Thank you again.

The wording for a revocation is here , you could add words saying that revocation should only occur when the application for a new LPA with different attorneys dated dd/mm/yyyy has been approved and can replace it.
This should ensure there is always a valid LPA.