Cancelling or Revoking a Power of Attorney

Setfords Law Published: 12 August 2026, Last reviewed: 12 August 2026, Read time: 9 minutes

A power of attorney isn’t permanent by default. Whether you set one up and have changed your mind, or you’re an attorney who no longer wants the role, there’s a proper process for bringing it to an end. Getting it wrong, or simply tearing up the paperwork, can leave the arrangement technically still in force. This guide covers how to cancel or revoke a power of attorney, and what happens if the donor has since lost mental capacity.

Key takeaways

• A donor with mental capacity can revoke a power of attorney at any time, using a formal deed of revocation.
• If the power of attorney is registered with the Office of the Public Guardian, you need to notify them of the revocation too.
• Once the donor has lost capacity, they generally can’t revoke it themselves, though the Court of Protection can step in.
• An attorney can also choose to step down, but the correct process depends on whether other attorneys are still acting.
• Simply destroying the document doesn’t cancel a power of attorney that’s already been registered.

Powers of attorney are meant to be flexible, but ending one properly means following a specific process, and that process depends on who’s ending it, why, and whether the donor still has mental capacity to make that decision themselves.

Who can cancel a power of attorney?

Who can bring a power of attorney to an end depends on whose decision it is.

• The donor (the person who made the power of attorney) can revoke it themselves, provided they still have the mental capacity to understand what they’re doing.
• An attorney can choose to step down from the role, sometimes called disclaiming their appointment, though the effect on the wider arrangement depends on whether other attorneys are appointed alongside them.
• The Court of Protection can cancel a power of attorney in certain circumstances, particularly if there’s concern about how an attorney is acting and the donor no longer has capacity to revoke it themselves.

What is mental capacity in this context? It means the donor can understand, retain, and weigh up the information relevant to the decision to revoke, and communicate that decision. This is assessed at the time of the decision, not by reference to a diagnosis alone.

How a donor revokes a power of attorney

If you made the power of attorney and still have capacity, revoking it involves a specific process rather than simply telling your attorney it’s over.

1. Prepare a deed of revocation. This is a formal, signed and witnessed document confirming that you’re revoking the power of attorney. It doesn’t need to give a reason.

1. Tell your attorney or attorneys. They need to know the power of attorney has ended, since they otherwise have no way of knowing their authority has stopped.

1. Notify the Office of the Public Guardian, if registered. If your power of attorney was registered with the Office of the Public Guardian (as most lasting powers of attorney are before use), you’ll need to send them the original registered document along with the deed of revocation, so their records are updated.

1. Tell relevant third parties. Banks, care providers, and anyone else who has relied on the power of attorney should be told it’s been revoked, so they know not to accept instructions from the former attorney going forward.

Destroying your own copy of the document isn’t enough on its own. Third parties and the Office of the Public Guardian need to be formally notified, or the revocation may not be effective in practice.

Key figures

Mental Capacity Act 2005 (framework for lasting powers of attorney and capacity) · Office of the Public Guardian (registration and revocation records) · Court of Protection (intervention where capacity has been lost)

The Mental Capacity Act 2005 provides the legal framework for lasting powers of attorney, including how they’re made, used, and brought to an end. The Office of the Public Guardian maintains the register of lasting powers of attorney and needs to be notified of any revocation. The Court of Protection has the power to intervene, including cancelling a power of attorney, where there’s a dispute or concern and the donor can no longer make that decision themselves.

(These are the general legal frameworks, not guaranteed outcomes for any individual case. Confirm how they apply to your specific situation with your solicitor.)

What if the donor has lost mental capacity?

Once a donor no longer has the mental capacity to understand what revoking a power of attorney would mean, they generally can’t revoke it themselves, even if they express a wish to do so. In this situation, the power of attorney doesn’t automatically end. If there are concerns about how an attorney is acting once the donor has lost capacity, for example suspected financial abuse or a serious breach of their duties, an application can be made to the Court of Protection to cancel the power of attorney or otherwise intervene.

This route tends to be used where there’s a genuine concern about the attorney’s conduct, rather than as a routine step, since it involves a court application rather than a simple administrative process.

How an attorney steps down

If you’re an attorney and no longer want the role, you can disclaim your appointment. The process and its effect depend on how the power of attorney was set up.

• If you’re the only attorney, or one of several appointed to act jointly. Your disclaiming may bring the whole power of attorney to an end, since the arrangement can’t continue as originally set up without you.
• If other attorneys are appointed to act jointly and severally. The remaining attorneys can usually continue acting, since this appointment type allows each attorney to act independently.

What does “jointly and severally” mean? It means attorneys can each act on their own, or together, rather than being required to agree and sign off on every decision jointly. This affects what happens if one of them steps down.

An attorney stepping down should notify the donor (if they have capacity), any other attorneys, and the Office of the Public Guardian if the power of attorney is registered.

What about older enduring powers of attorney?

Enduring powers of attorney (EPAs) were replaced by lasting powers of attorney for new arrangements from October 2007, but existing EPAs made before that date can still be valid and in use. The process for revoking an EPA is broadly similar to a lasting power of attorney: a formal revocation while the donor has capacity, and notification to the Office of the Public Guardian if the EPA has been registered.

If you’re unsure whether a document is an EPA or an LPA, or whether it’s still valid, it’s worth getting this checked before relying on it or attempting to revoke it.

What slows things down

Only telling the attorney, not the Office of the Public Guardian. If the power of attorney was registered, the Office of the Public Guardian’s records need updating too, or the revocation may not be properly reflected.

Assuming the donor can revoke it once capacity is in question. If there’s any doubt about capacity, this needs addressing properly rather than assumed either way, since it affects whether a revocation is valid at all.

Not telling third parties. Banks and other organisations that have dealt with the attorney before may keep accepting their instructions until they’re formally told otherwise.

What helps

Act while capacity isn’t in question. If you’re thinking about revoking a power of attorney, doing so while your capacity is clear avoids any dispute about whether the revocation is valid.

Put the revocation in writing properly. A signed and witnessed deed of revocation, rather than an email or verbal instruction, gives everyone involved something clear to rely on.

Notify everyone who needs to know, not just the attorney. The Office of the Public Guardian and any relevant banks or organisations should all be told directly.

What happens next depends on whether the donor still has capacity, whether the power of attorney is registered, and how many attorneys were originally appointed. Speak to our wills and probate team for a confidential, no-obligation conversation about your options.

Common mistakes

1. Destroying the document and assuming that’s the end of it. A registered power of attorney needs a formal revocation and notification to the Office of the Public Guardian, not just disposal of the paperwork.

1. Waiting until capacity is already in question. Revoking a power of attorney becomes far harder, and sometimes impossible for the donor to do themselves, once capacity has been lost.

1. Assuming one attorney stepping down ends the whole arrangement. Where attorneys were appointed jointly and severally, the others can often continue acting.

1. Not checking whether an old document is an EPA or LPA. The two have different histories and slightly different processes, so it’s worth confirming which you’re dealing with before acting.

When to speak to a solicitor

Revoking a power of attorney is often straightforward, but the details matter, particularly where capacity or multiple attorneys are involved. Speak to a solicitor if:

• You’re unsure whether the donor still has capacity to revoke the power of attorney themselves.
• You’re concerned about how an attorney is acting and the donor can no longer make this decision themselves.
• You’re an attorney wanting to step down and aren’t sure what happens to the wider arrangement.
• You have an older enduring power of attorney and aren’t sure of its current status.
• A bank or other organisation isn’t accepting a revocation you believe should be effective.

What to bring to your first conversation

Having the right information ready makes your first conversation with a solicitor far more useful. Gather together:

• The original power of attorney document, or a copy if you have one.
• Any correspondence with the Office of the Public Guardian.
• Details of any other attorneys appointed alongside you or the donor.
• Any medical or professional assessment of the donor’s capacity, if one exists.

FAQs

Can I revoke a power of attorney without telling the attorney?

You can complete the deed of revocation without their involvement, but they need to be told once it’s done. Otherwise they may continue acting under an authority that’s technically ended, which can cause problems for everyone involved.

Does revoking a power of attorney need to go through a solicitor?

Not strictly, but the deed needs to be correctly drafted, signed, and witnessed to be effective, and mistakes can leave the position unclear. Many people choose to get this checked, particularly if capacity or multiple attorneys are involved.

What happens to a power of attorney when the donor dies?

A power of attorney automatically ends on the donor’s death. At that point, the executor or administrator of their estate takes over dealing with their affairs, not the former attorney.

Can I revoke just part of a power of attorney?

Not usually. Revocation generally ends the power of attorney entirely, rather than removing specific powers. If you want a different arrangement, this typically means making a new power of attorney rather than editing the existing one.

About the author:

This article is general information about powers of attorney in England and Wales and is not legal advice. The law can change and every situation is different, so please speak to a qualified solicitor about your circumstances.