Can I Refuse to Be Power of Attorney? Attorney Rights Explained

Can I Refuse to Be Power of Attorney? Attorney Rights Explained

Being asked to be someone's attorney is a significant responsibility. You have every right to refuse or, if you have already accepted, to resign.

Can I Refuse?

Yes, absolutely.

Being named as attorney requires your agreement. Nobody can force you to be an attorney. You must sign the LPA to accept the role.

Before signing: Simply decline After signing but before registration: Tell the donor you have changed your mind After registration: You can formally resign

Reasons You Might Refuse

Valid reasons to decline:

• You do not have time
• You live too far away
• Your relationship is not close enough
• You do not feel capable
• You have your own health issues
• You are uncomfortable with the responsibility
• There is potential conflict with other family members

You do not need to justify your refusal. "I don't feel able to take on this responsibility" is enough.

How to Refuse Before Signing

Simply tell the person who asked you:

"Thank you for trusting me, but I don't think I'm the right person for this. I hope you understand."

You can suggest alternatives if appropriate.

How to Resign After Accepting

If you signed the LPA but want to stop being attorney:

For registered LPA:

Complete a deed of disclaimer or notification

Send to the OPG using form LPA005

Notify the donor (if they have capacity)

The resignation takes effect when OPG receives it

For unregistered LPA:

Notify the donor in writing

The LPA cannot be registered with you as attorney

A new LPA would be needed with different attorneys

Considerations Before Resigning

Think about:

• Who will step in? Are there replacement attorneys?
• Will the donor be left without help?
• Is this temporary difficulty or permanent?
• Have you discussed your concerns with the donor?

Replacement Attorneys

If the LPA names replacement attorneys, they step in when an attorney resigns. This is why replacement attorneys are important—they provide backup.

What If All Attorneys Resign?

If all attorneys resign and there are no replacements:

• The LPA is effectively useless
• The donor would need to create a new LPA (if they have capacity)
• If they lack capacity, Court of Protection may be needed

No Guilt Necessary

Being an attorney is a serious commitment. If you cannot do it, it is better to say so than to do it badly.

A replacement attorney or alternative arrangement is better than a reluctant attorney who cannot fulfil the role properly.

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