A Revocation of Power of Attorney is a formal legal document by which the Donor (the person who originally granted the power) cancels, revokes, and terminates a previously granted Power of Attorney. In England and Wales, this may be either a General (Ordinary) Power of Attorney created under the Powers of Attorney Act 1971 or a Lasting Power of Attorney (LPA) created and registered under the Mental Capacity Act 2005.

The right of a Donor to revoke a Power of Attorney is a fundamental principle of the law of agency. A power of attorney is, at its core, an agency relationship in which the Donor delegates authority to the attorney to act on their behalf. As with any agency, the principal (Donor) retains the right to terminate the relationship at any time, provided they have the legal capacity to do so.

For a General Power of Attorney, the right of revocation is governed by common law and confirmed by the Powers of Attorney Act 1971. The Donor may revoke the power at any time while they have mental capacity. There is no statutory prescribed form for the revocation, but best practice is to execute the revocation in writing, ideally as a deed, to create a clear and unambiguous record. The critical obligation upon revocation is to notify the attorney and all third parties who have been relying on the power, because under section 5(2) of the 1971 Act, a third party who deals with the attorney in good faith and without knowledge of the revocation is protected.

For a Lasting Power of Attorney, the process is more formal. Under section 13(2) of the Mental Capacity Act 2005, the Donor may revoke an LPA at any time when they have capacity to do so. However, because an LPA is a registered instrument, the revocation must also be notified to the Office of the Public Guardian (OPG) so that the register can be updated. The Donor must send written notice of the revocation to the OPG in accordance with regulation 21 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, together with the original LPA document or certified copies for cancellation. Until the OPG is notified, the LPA remains on the register and third parties may continue to rely on it in good faith.

The revocation takes effect from the date it is executed by the Donor. From that date, the attorney has no further authority to act on the Donor’s behalf, and any subsequent act by the attorney is unauthorised.

A Revocation of Power of Attorney is needed whenever the Donor wishes to cancel the authority previously granted to an attorney. This is a significant legal step and should be taken after careful consideration of the consequences.

Common situations in which a Donor may wish to revoke a Power of Attorney include: the original reason for granting the power no longer applies (for example, the Donor has returned from abroad and can manage their own affairs); the Donor has lost trust or confidence in the attorney; the relationship between the Donor and the attorney has broken down (for example, through divorce, separation, or family dispute); the Donor wishes to appoint a different attorney, in which case the existing power should be revoked and a new one created; the attorney has acted improperly, exceeded their authority, or failed to act in the Donor’s best interests; the Donor’s circumstances have changed and the scope of the original power is no longer appropriate; or the attorney has died, lost capacity, or become bankrupt (in which case the power may already have been automatically terminated by operation of law).

For Lasting Powers of Attorney, the Office of the Public Guardian has the power under section 22 of the Mental Capacity Act 2005 to direct the Court of Protection to determine whether an LPA should be revoked. The court itself has wide powers under section 22 to revoke an LPA if the attorney has behaved or is behaving in a way that contravenes their authority or is not in the Donor’s best interests. However, if the Donor still has capacity, it is far simpler and quicker to revoke the LPA themselves using a deed of revocation.

It is important to note that if you revoke your only Lasting Power of Attorney and later lose mental capacity without a replacement in place, your family will need to apply to the Court of Protection for a deputyship order — a process that is more expensive, slower, and subject to ongoing court supervision than an LPA. For this reason, many solicitors recommend creating a new LPA before revoking the existing one.

A well-drafted Revocation of Power of Attorney for England and Wales requires several essential elements to ensure it is legally effective and protects the Donor’s interests.

The Donor’s details must include their full legal name, date of birth, and current residential address, matching the details recorded on the original Power of Attorney. Any discrepancy between the revocation and the original document could cause confusion for third parties or the Office of the Public Guardian.

Clear identification of the Power of Attorney being revoked is critical. The revocation must specify the type of power (General Power of Attorney, LPA for Property and Financial Affairs, or LPA for Health and Welfare), the date it was executed, and (for registered LPAs) the date of registration with the OPG and the OPG reference number. This ensures there is no ambiguity about which instrument is being revoked, particularly if the Donor has created multiple powers of attorney.

Identification of the attorney or attorneys is equally important. The revocation should name each attorney appointed under the original power, together with their current address, so that they can be served with notice of the revocation.

The operative revocation clause must clearly and unambiguously state that the Donor revokes, cancels, and terminates the specified Power of Attorney and all powers, authorities, and duties conferred by it. The clause should specify the effective date of the revocation and direct the attorney to cease all actions immediately.

Notification provisions are essential for practical effectiveness. Under section 5(2) of the Powers of Attorney Act 1971, third parties who deal with the attorney in good faith and without knowledge of the revocation are protected. The revocation should therefore include a commitment to notify all relevant third parties — banks, building societies, solicitors, the Land Registry, HMRC, care homes, and the OPG (for registered LPAs) — promptly.

Execution as a deed ensures the highest level of formality and legal certainty. Under the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be signed by the Donor in the presence of a witness who attests the signature, and must be delivered. The witness should be independent and aged 18 or over.

A declaration of capacity confirms that the Donor had the mental capacity to make the revocation at the time of execution. This is particularly important for the revocation of a Lasting Power of Attorney, where the Donor’s capacity may later be questioned.