What Happens If an Attorney Refuses to Act?
Attorneys can step down — but the process and consequences depend on how they were appointed.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
An LPA attorney can refuse to act at any time by completing a formal deed of disclaimer. Agreeing to be named as an attorney is not an irrevocable commitment, but the consequences for your LPA depend entirely on how the attorneys were appointed. In a joint appointment, one disclaimer can invalidate the entire LPA unless replacement attorneys are named.
At a glance
- An attorney can formally refuse to act at any time by completing a deed of disclaimer
- If joint attorneys are appointed and one disclaims, the entire LPA fails — unless replacement attorneys are named
- If jointly and severally appointed, the remaining attorneys can continue to act without disruption
- If the donor has lost capacity and no replacement attorneys exist, the family may need a costly Court of Protection deputyship order
How an Attorney Formally Refuses to Act
An attorney who no longer wishes to act must formally disclaim their appointment. This is not something that can be done informally — simply telling the donor or the other attorneys that you no longer want to be involved is not sufficient.
To disclaim, the attorney must:
- Complete a deed of disclaimer (also known as a "deed of partial revocation" in some contexts) — a formal written document stating that they are giving up their role as attorney
- Sign the deed in the presence of a witness
- Send a copy of the disclaimer to the donor (if they still have capacity) and to the Office of the Public Guardian (OPG)
- If the LPA has already been registered, the OPG will update the register to reflect the change
Key point: An attorney can disclaim at any time — before or after the LPA is registered, and whether or not it has been used. However, once you have started acting as attorney, you should take steps to ensure a proper handover to protect the donor's interests.
What Happens When a Joint Attorney Disclaims
If the attorneys were appointed to act jointly (meaning they must all agree on every decision), the disclaimer of one attorney has severe consequences:
- The entire LPA fails — the remaining attorneys cannot continue to act
- If replacement attorneys have been named, they will step in to replace all the original attorneys (not just the one who disclaimed)
- If no replacement attorneys were named and the donor has lost capacity, the family may need to apply to the Court of Protection for a deputyship order
This is one of the most significant risks of a joint appointment, and it is why many legal professionals recommend appointing attorneys jointly and severally instead. For a full comparison of these options, see our guide on joint vs joint and several attorneys.
What Happens When a Joint and Several Attorney Disclaims
If the attorneys were appointed to act jointly and severally, the situation is much less problematic:
- The remaining attorneys can continue to act as though nothing has changed
- Replacement attorneys only step in when all original attorneys have disclaimed, died, or lost capacity
- The LPA remains fully functional and can be used by the surviving attorneys without any further action
This resilience is one of the key advantages of a joint and several appointment. Even if one attorney decides they can no longer fulfil the duties of an attorney, the donor's affairs can continue to be managed without disruption.
When Replacement Attorneys Step In
Replacement attorneys are named in the LPA as a backup. When they are activated depends on the appointment structure:
Joint Appointment
Replacement attorneys step in as soon as any one original attorney disclaims, dies, or loses capacity. They replace all the original attorneys.
Joint and Several
Replacement attorneys only step in when all original attorneys can no longer act. While at least one original attorney remains, the replacements wait in the wings.
Understanding how replacement attorneys work is crucial to planning for contingencies. For more on what happens when attorneys can no longer serve, see our guide on what happens if an attorney dies.
Reasons an Attorney Might Refuse to Act
There are many legitimate reasons why an attorney might choose to disclaim:
- Personal health issues — the attorney's own health may deteriorate to the point where they cannot manage the responsibility
- Relationship breakdown — if the attorney was a spouse or partner and the relationship has ended
- Geographic distance — the attorney may have moved abroad or to a different part of the country, making it impractical to act
- Conflict of interest — circumstances may arise where the attorney's own interests conflict with the donor's
- Emotional burden — managing another person's affairs, particularly health and welfare decisions, can be emotionally demanding
- Disagreement with other attorneys — ongoing disputes with co-attorneys may make it impossible to work together effectively
What If the Donor Still Has Capacity?
If the donor still has mental capacity when an attorney disclaims, the situation is more manageable. The donor can:
- Revoke the existing LPA and create a new one with different attorneys
- Appoint additional attorneys by creating a new LPA (note: you cannot simply add attorneys to an existing registered LPA — you must revoke and remake it)
If the donor has lost capacity, however, they cannot create a new LPA. This is why it is so important to name replacement attorneys when setting up an LPA in the first place. Without replacement attorneys and without a functioning LPA, the family may need to apply for a costly and time-consuming deputyship order from the Court of Protection.
Planning tip: Always name at least one replacement attorney in your LPA. This provides a safety net if your original attorneys can no longer act, and can prevent the LPA from failing entirely.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Disclaiming must be formal — the attorney must complete a deed of disclaimer, sign it before a witness, and notify the donor and the OPG; simply stopping is not enough.
- Joint appointments carry high risk — if one joint attorney disclaims, all original attorneys lose their authority, which is why jointly and severally is generally recommended.
- Replacement attorneys are your safety net — always name at least one replacement when creating an LPA to prevent the document from failing entirely.
- No reason required — the law does not require an attorney to explain why they are stepping down; the disclaimer alone is sufficient.
What People Ask About Attorneys Refusing to Act
Can an attorney refuse to act before the LPA is registered?
Yes. An attorney can disclaim their appointment at any time, including before the LPA is registered with the OPG. If the donor still has capacity, the simplest solution is to create a new LPA with a different attorney rather than proceeding with an incomplete one.
Does an attorney need to give a reason for disclaiming?
No. The law does not require an attorney to explain why they are stepping down. They simply need to complete a formal deed of disclaimer, sign it in the presence of a witness, and notify the donor and the OPG.
What happens if all attorneys refuse to act and there are no replacements?
If all attorneys disclaim and no replacement attorneys were named, the LPA ceases to function. If the donor still has capacity, they can create a new LPA. If they have lost capacity, the family would need to apply to the Court of Protection for a deputyship order, which is more costly and time-consuming.
Can an attorney be forced to act if they originally agreed?
No. An attorney cannot be compelled to act against their wishes. Even if someone agreed to be named as your attorney when the LPA was created, they can formally disclaim the role at any time using a deed of disclaimer. The appointment is voluntary throughout.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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