Possibly – if you decide to stop or cannot continue as attorney, a replacement attorney could act as a replacement if the donor has made arrangements for this in the LPA document. Please note: The donor can appoint a replacement attorney either to act as a replacement for a specific attorney only or alternatively he/she can appoint a replacement to replace whoever first stops acting.
Can I stop being a property and financial affairs attorney?
Yes, you can stop acting as the attorney at any time. Before the LPA is registered you should formally notify the donor using form LPA005. If the LPA is registered you will need to complete form LPA005 Disclaiming Your Appointment and send this to the OPG and the donor. Contact the OPG immediately if you need to discuss this. You should also inform any other attorneys appointed on the LPA.
Can I make decisions about the donor’s personal welfare or by someone with authority to do so under the general law?
Decisions about the donor’s personal welfare can only be made by an attorney acting under a health and welfare LPA or by someone given the authority to do so by the Court of Protection. However, if you are also appointed to perform any of these roles for the donor then you will be able to take those decisions within the limits of the powers given to you.