Can an Attorney Be Removed?
Understanding how and when an LPA attorney can be removed from their role.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
What do you do if the person you trusted to manage your affairs is no longer up to the job — or worse, is misusing their powers? An attorney can be removed from a Lasting Power of Attorney, but the process depends on the circumstances: whether the donor still has mental capacity and whether the removal is voluntary or being enforced. This guide explains the different routes, the grounds for removal, and what happens to the LPA afterwards.
At a glance
- Yes, an LPA attorney can be removed — by the donor (while they have capacity) or by the Court of Protection
- While the donor has capacity, they can revoke the LPA and create a new one with different attorneys at no court cost
- After the donor loses capacity, only the Court of Protection can remove an attorney (application fee from £371)
- Bankruptcy, death, divorce from the donor, and loss of capacity automatically disqualify an attorney
How the Donor Can Remove an Attorney While They Have Capacity
If the donor still has mental capacity, they have the right to remove an attorney at any time. The donor created the LPA, and while they retain capacity, they retain control over it. To remove an attorney, the donor can:
- Revoke the entire LPA — the donor can cancel the LPA altogether by completing a deed of revocation and notifying the OPG. For more detail, see our guide on cancelling or changing an LPA
- Create a new LPA — the donor can create a new LPA with different attorneys, which effectively replaces the old one once registered
- Partially revoke — in some cases, the donor may be able to remove one attorney while keeping the LPA in force with the remaining attorneys. However, this depends on how the attorneys were appointed (jointly, jointly and severally, or a combination)
If the attorneys were appointed jointly, removing one attorney invalidates the entire LPA, because joint attorneys must all act together. If the attorneys were appointed jointly and severally, removing one attorney does not affect the authority of the remaining attorneys.
Removal by the Court of Protection
If the donor has lost mental capacity and can no longer make decisions about the LPA themselves, the Court of Protection has the power to remove an attorney. This is the primary route for enforcement action when an attorney is not fulfilling their duties properly.
The court can act on an application from anyone with a legitimate interest in the donor's welfare — this includes family members, carers, social workers, healthcare professionals, or the OPG itself. The court has wide-ranging powers and can:
- Remove one or more attorneys
- Revoke the LPA entirely
- Appoint a replacement attorney or a court-appointed deputy
- Give directions about how the remaining attorneys should act
- Order the attorney to repay any money misused
Grounds for Removing an Attorney
The Court of Protection may remove an attorney on various grounds, including:
- Breach of duty — failing to meet the duties of an attorney or act in the donor's best interests, as required by the Mental Capacity Act 2005
- Financial abuse — using the donor's money or assets for the attorney's own benefit. For more on this, see our guide on LPA misuse
- Neglect — failing to manage the donor's affairs or make necessary decisions
- Unsuitability — the attorney is no longer suitable due to their own ill health, bankruptcy (for financial LPAs), or other changed circumstances
- Conflict of interest — the attorney's personal interests conflict with the donor's interests
- Fraud or dishonesty — any form of dishonest conduct in relation to the donor's affairs
Key point: You do not need to wait until harm has occurred to apply for removal. If there is evidence of a risk to the donor, the court can act preventively.
How the OPG Investigates Attorney Misconduct
The Office of the Public Guardian (OPG) plays an important role in the removal process. While the OPG itself does not have the power to remove an attorney, it can investigate concerns and apply to the Court of Protection for removal on the donor's behalf.
Anyone who is concerned about an attorney's behaviour can report the matter to the OPG. The OPG will assess the complaint, carry out an investigation if appropriate, and take further action if necessary. This can include:
- Requesting the attorney to provide financial records and accounts
- Visiting the donor to assess their welfare
- Working with local authorities or the police if safeguarding concerns arise
- Applying to the Court of Protection for the attorney's removal
What Happens After an Attorney Is Removed?
The consequences of removing an attorney depend on how the LPA was set up:
- If replacement attorneys were named, one of them will step into the role
- If the attorneys were appointed jointly and severally, the remaining attorneys can continue to act
- If the attorneys were appointed jointly, removing one attorney means the LPA can no longer operate. A replacement attorney would need to step in, or the court may appoint a deputy
- If there are no remaining attorneys or replacements, the court may need to appoint a deputy to manage the donor's affairs
This is one of the reasons it is so important to name replacement attorneys when creating your LPA. Without replacements, the removal of an attorney can leave the donor without anyone authorised to act on their behalf, potentially requiring costly and time-consuming court proceedings.
Events That Automatically Disqualify an Attorney
There are certain events that automatically disqualify an attorney, removing them from the role without the need for court action:
- Bankruptcy — if a Property and Financial Affairs attorney becomes bankrupt, they are automatically disqualified from acting in that role (this does not apply to Health and Welfare LPAs)
- Death — if the attorney dies, they obviously cannot continue to act
- Dissolution of marriage — if the attorney was the donor's spouse or civil partner and the relationship legally ends, the attorney is automatically removed (unless the LPA specifically states otherwise)
- Loss of capacity — if the attorney themselves loses mental capacity, they can no longer act
Tip: Always name at least one replacement attorney when creating your LPA. This ensures continuity if your original attorney is removed, resigns, or becomes unable to act.
How to Protect Yourself When Appointing Attorneys
The best way to avoid problems with an attorney is to make careful choices when you first create your lasting power of attorney. A few simple steps can significantly reduce the risk of needing to remove an attorney later on.
- Name replacement attorneys — if your original attorney can no longer act, a replacement can step in without the need for court involvement
- Choose people you trust completely — your attorneys will have significant legal authority over your finances or welfare, so pick someone whose judgement and honesty you are confident in
- Consider appointing attorneys jointly and severally — this gives flexibility and means one attorney can continue to act even if another is removed
- Include clear preferences and instructions — setting out your wishes in the LPA gives your attorneys guidance and makes it easier to identify if someone is acting outside your intentions
- Review your LPA periodically — circumstances change over time. Check that your chosen attorneys are still the right people for the role, especially after major life events
Tip: Choosing the right attorneys from the start is the best protection. Our service helps you understand your options. Get started with your LPA.
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Key Takeaways
- Act early if you have concerns — you do not need to wait until harm has occurred; the Court of Protection can act preventively if there is evidence of risk to the donor.
- Report misuse to the OPG — anyone can report concerns to the Office of the Public Guardian, which investigates and can refer the matter to the Court of Protection.
- Joint appointments are higher risk — removing one joint attorney invalidates the entire LPA, whereas removing a jointly and severally appointed attorney lets the others continue.
- Replacement attorneys prevent a vacuum — always naming replacements ensures that removing an attorney does not leave the donor without anyone authorised to act.
- Divorce triggers automatic removal — if the attorney was the donor's spouse or civil partner and the relationship legally ends, the attorney is automatically removed (Property and Financial Affairs LPA) unless the LPA states otherwise.
Frequently Asked Questions
Can a family member apply to have an attorney removed?
Yes. Any person with a legitimate interest in the donor's welfare can raise concerns with the OPG or apply to the Court of Protection for the attorney's removal. This includes family members, carers, social workers, and healthcare professionals.
Does removing an attorney cost anything?
If the donor has capacity and revokes the LPA themselves, there is no fee. However, if the matter goes to the Court of Protection, application fees start at £371, and legal costs can increase significantly if the case is complex or contested.
Is an attorney automatically removed if they get divorced from the donor?
Yes, for a Property and Financial Affairs LPA. If the attorney was the donor's spouse or civil partner and the relationship legally ends through divorce or dissolution, the attorney is automatically removed unless the LPA specifically states otherwise.
Can I remove an attorney myself without going to court?
Yes, but only while you still have mental capacity. You would revoke the existing LPA and create a new one without that person named as an attorney. If you have lost capacity, only the Court of Protection can remove an attorney on your behalf.
How do I report an attorney who is misusing their powers?
Contact the Office of the Public Guardian. You can report concerns by phone, email, or in writing. The OPG will investigate and can refer the matter to the Court of Protection if necessary.
Does removing an attorney cancel the entire LPA?
It depends on the appointment type. If attorneys were appointed jointly, removing one means the remaining attorneys can no longer act. If they were appointed jointly and severally, the remaining attorneys can continue. If replacement attorneys were named in the LPA, they will step into the role.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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