An attorney no longer able to act

An attorney becoming unable to act can change who has authority under an LPA. OPG guidance explains reportable changes and the steps associated with a replacement taking over. ^[1]

Establish the event and appointment structure Identify whether the attorney has died, lost capacity, disclaimed the role or become otherwise unable to continue. Check the registered document for joint appointments and replacement provisions before deciding who may act next.

Collect the evidence OPG requires for the particular change. Do not assume that the nearest relative or another attorney's preferred candidate can fill a vacancy informally.

Arrange continuity for urgent matters List pending bills, transactions and care decisions that may be affected. Tell relevant institutions that authority is being checked and identify an appropriate contact. Avoid signing in the former attorney's name or using their online credentials.

Consult the replacement provisions and update the record of LPA copies and access. If the appointment no longer provides usable authority and the donor cannot create a new one, consider whether a Court of Protection application is needed.

Establish what has happened before treating the role as vacant Identify the event affecting the attorney and obtain an accurate account of its timing. Death, loss of capacity and a decision to disclaim the appointment are different matters. An extended absence or reluctance to handle one task may require discussion without necessarily establishing the same legal event. Do not assume a vacancy exists because another relative would prefer to take over. Give the adviser the facts and any relevant documentation so the effect on the appointment can be assessed properly.

Locate the complete registered LPA, including instructions and replacement provisions. Identify whether the affected person acted alone, jointly or jointly and severally, and whether different decisions have different arrangements. Check any earlier changes rather than relying on the people originally named in a saved copy. The question is who can act under the appointment as it now stands. A willing remaining attorney may still need advice about a particular joint decision, while a named replacement may need to establish that the conditions for acting have occurred.

Follow the reporting process for the particular event Use OPG's current changes guidance to identify the information and documents required. Requirements differ according to the event, so do not send an unnecessary set of original identity documents or assume an informal email supplies everything needed. The published guidance addresses attorney changes and replacement notification, but the effect must also be checked against the actual LPA. Its abbreviated examples should not be read as eliminating replacement provisions or instructions that may matter to the continuing authority. [1]

Keep a record of what was reported and any response. If original documents or certified copies must be sent, track them and provide the required return information. Explain any difficulty locating a copy rather than silently omitting it. Where several institutions already hold records, identify which will need separate notification of the change. Updating OPG and updating a bank's operational records are related tasks but may not occur through one automatic process. Assign responsibility so neither is assumed to have been completed by someone else.

Triage pending decisions without borrowing the former authority List matters awaiting action, including bills, care discussions, transactions and correspondence with deadlines. Identify what is urgent and why, with supporting documents. Tell the relevant adviser or institution that the authority is being checked and ask about a suitable lawful response. Do not sign in the former attorney's name or use their account credentials to avoid an administrative delay. Practical urgency may justify prompt professional assistance, but it does not make an informal substitute legally authorised.

For each task, identify whether another current attorney can act and whether the donor can make the relevant decision with support. Do not assume the same answer covers all financial and welfare matters. If the appointment no longer supplies usable authority and the donor cannot make a new LPA, ask about the appropriate Court of Protection route and any urgent application needed. The response should be tailored to the actual decision rather than treating deputyship as an automatic general replacement for every unavailable attorney.

Hand over records and define the continuing responsibility Where a replacement or remaining attorney can lawfully proceed, assemble an understandable record of the donor's affairs. Include current statements, outstanding commitments, relevant decisions and the location of supporting documents. Separate work completed by the former attorney from decisions still pending. If records are incomplete, identify the gaps and seek appropriate help obtaining them. A successor should not be expected to approve an unexplained balance or continue a disputed arrangement simply because it was part of the previous attorney's routine.

Confirm how institutions will recognise the continuing or replacement appointment and what communications should now be redirected. Keep the change evidence with the registered documents, and update the practical contact and copy records without informally rewriting the LPA. Review any immediate risk or concern about past conduct separately through advice or reporting. The transition is complete only when the relevant authority and practical responsibilities are clear enough for the donor's affairs to continue, with unresolved matters openly identified rather than passed on as assumptions.