How to Change Attorneys on an LPA
You cannot swap attorneys on an existing LPA — but you can revoke and replace it with a new one.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Can you just cross out one attorney's name and add someone new? Unfortunately not. An LPA is a fixed legal document — once completed, the attorneys named in it cannot be swapped, added, or removed without going through a formal process. This catches many people out, so this guide explains your options if you need to change the attorneys on your LPA.
At a glance
- You cannot add, remove, or swap attorneys on an existing LPA — the document is fixed once completed
- To change attorneys, you must revoke the existing LPA and create a new one, paying the £92 registration fee again
- You need mental capacity to both revoke the old LPA and create a new one — once capacity is lost, changes are impossible
- Best practice: wait until the new LPA is registered before revoking the old one, to avoid a gap in coverage
Why You Cannot Simply Change Attorneys
An LPA is a legal instrument governed by the Mental Capacity Act 2005. The document must be completed, signed, and witnessed in a specific way, and any alteration to the original form will invalidate it. This means you cannot:
- Cross out an attorney's name and write in someone else's
- Add a new attorney to the existing document
- Remove an attorney by amending the form
- Change the way attorneys are appointed to act (for example, from jointly to jointly and severally)
Any of these actions would render the LPA invalid, and the OPG would refuse to register it (or would remove it from the register if it had already been registered).
Common Reasons People Want to Change Their Attorneys
Life circumstances change, and the person you chose as your attorney five or ten years ago may no longer be the right fit. These are some of the most common reasons people look into how to change attorneys on an LPA:
- Relationship breakdown — divorce or separation from a spouse who was named as attorney, or a serious falling out with a family member or friend
- Attorney moving abroad — if your attorney has relocated overseas, managing your affairs from another country can be impractical
- Health problems — your attorney may have developed their own health issues or cognitive decline, making them unable to fulfil the role reliably
- Loss of trust — concerns about how an attorney might handle finances or welfare decisions
- Attorney no longer willing — your attorney may have decided they no longer want the responsibility, particularly as your needs become more complex
- Death of an attorney — if your sole or last remaining attorney has died and no replacement attorneys were named, you will need a new LPA (see our guide on what happens if an attorney dies)
Whatever the reason, the important thing is not to leave it too long. You must have mental capacity to make changes, and the process of creating and registering a new LPA takes several weeks.
Tip: If you need to replace your LPA with updated attorneys, our online service makes the process straightforward.
The Correct Process: Revoke and Replace
If you want to change the attorneys on your LPA, the correct process is to revoke the existing LPA and create a brand new one with the changes you want. This involves:
- Step 1: Create a new LPA with your updated choice of attorneys, preferences, and instructions
- Step 2: Have the new LPA signed, witnessed, and certified in the correct order
- Step 3: Register the new LPA with the OPG (paying the £92 registration fee)
- Step 4: Once the new LPA is registered, formally revoke the old LPA using a deed of revocation
- Step 5: Notify the old attorneys that their appointment has ended
- Step 6: Notify any third parties (banks, care providers, etc.) that the old LPA has been replaced
It is generally best to wait until the new LPA is registered before revoking the old one. This ensures there is no gap in coverage where nobody has authority to act on your behalf. For a detailed guide to the revocation process, see our guide on how to revoke an LPA.
Key point: You must have mental capacity to both revoke an old LPA and create a new one. If you are considering changes, act sooner rather than later — once you lose capacity, the LPA cannot be changed.
When Replacement Attorneys Step In
If you named replacement attorneys when you originally created your LPA, they will automatically step in if an original attorney can no longer act. This happens when an original attorney:
- Dies
- Loses mental capacity
- Decides to disclaim their appointment (formally gives up the role)
- Becomes bankrupt (for a Property and Financial Affairs LPA)
- Is divorced from the donor (for a Property and Financial Affairs LPA)
When a replacement attorney steps in, they take on the full role and responsibilities of the original attorney. There is no application process or additional paperwork — it happens automatically under the terms of the LPA.
The key distinction is that a replacement attorney only steps in when an original attorney cannot act. If you simply want a different person to be your attorney and the original attorney is still willing and able, you must go through the revoke-and-replace process described above.
What Happens If You Don't Have Replacement Attorneys?
If you did not name replacement attorneys when you created your LPA, the consequences can be serious:
- Sole attorney unable to act — if your only attorney dies, loses capacity, or disclaims, the LPA fails entirely. There is nobody authorised to make decisions on your behalf.
- Joint attorneys (all must act together) — if one joint attorney can no longer act, the LPA fails for all of them. Even the remaining attorneys lose their authority.
- Joint and several attorneys — the remaining attorneys can continue to act, but you will have fewer people available to help.
When an LPA fails and the donor has lost mental capacity, the only option left is for a family member or other interested party to apply to the Court of Protection for a deputyship order. This is a more expensive, time-consuming process with ongoing court supervision.
This is why naming replacement attorneys matters so much. If you are creating a new LPA to change your attorneys, make sure you include at least one replacement this time around. For more on this scenario, see our guide on what happens if an attorney dies.
Can an LPA Attorney Voluntarily Step Down?
Yes, an attorney can voluntarily resign from their role by formally disclaiming their appointment. This is done by giving written notice to the donor. If the LPA is registered, the attorney should also send written notice to the OPG using the appropriate form.
When an attorney disclaims, any named replacement attorneys will step in. If there are no replacement attorneys and the resigning attorney was the sole attorney (or one of joint attorneys where all must act together), the LPA may become unusable, and a new LPA would need to be created.
This is another reason why naming replacement attorneys is so important when creating your LPA. It provides a safety net if an original attorney is unable or unwilling to continue in the role.
Costs of Changing Attorneys
Because you need to create an entirely new LPA, changing attorneys involves the following costs:
- The £92 OPG registration fee for the new LPA
- Any professional fees if you use a solicitor or LPA service to prepare the new document
- There is no fee for revoking the old LPA
While this may feel like an unnecessary expense, having the right people acting as your attorneys matters. If circumstances have changed, the cost of creating a new LPA is a worthwhile investment in your future protection. For more about changes and alternatives, see our guide on can an LPA be cancelled or changed and our guide on how to make an LPA in the UK.
Key Takeaways
- An LPA cannot be amended — any attempt to alter the document (crossing out names, adding attorneys) invalidates it and the OPG will refuse to register or will remove it
- The revoke-and-replace process is straightforward — create the new LPA, have it signed, register it, then formally revoke the old one and notify all relevant parties
- Replacement attorneys step in automatically — if an original attorney dies, loses capacity, or disclaims, a named replacement takes over without any application or additional paperwork
- Act while you still have capacity — you must have mental capacity to make changes, so do not delay if your circumstances have changed
- Revoking is free; creating a new LPA costs £92 — the only cost involved in changing attorneys is the OPG registration fee for the new document, plus any service fees
Frequently Asked Questions
Can I simply add or remove an attorney from my existing LPA?
No. An LPA is a fixed legal document that cannot be amended once completed. To change your attorneys, you must revoke the existing LPA and create a brand new one with your updated choices, paying the £92 registration fee for the new document.
Do I need mental capacity to change the attorneys on my LPA?
Yes. You must have mental capacity both to revoke the old LPA and to create a new one. Once you have lost capacity, the LPA cannot be changed, which is why it is important to act sooner rather than later if you are considering changes.
Can an attorney voluntarily resign from their role?
Yes. An attorney can formally disclaim their appointment by giving written notice to the donor and, if the LPA is registered, to the OPG. Any named replacement attorneys will then step in automatically.
How much does it cost to change the attorneys on an LPA?
You need to create a new LPA, which costs £92 to register with the Office of the Public Guardian. Revoking the old LPA is free. If you use a professional service to prepare the new LPA, expect to pay their preparation fee on top.
Can I change my attorneys if I have lost mental capacity?
No. You must have mental capacity both to revoke the old LPA and to create a new one. If you have already lost capacity, the existing LPA remains in force and cannot be changed. A concerned party could apply to the Court of Protection if there are serious issues with an attorney’s conduct.
Should I revoke the old LPA before or after creating the new one?
It is best to wait until the new LPA is registered before revoking the old one. This avoids a gap where nobody has authority to act on your behalf. Registration takes 8 to 10 weeks, so plan accordingly.
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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