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How Long Does Power of Attorney Last?

How Long Does Power of Attorney Last?

How Long Does Power of Attorney Last? is a question many people ask when planning ahead or stepping into the role of an attorney. Understanding the timeframe is important because a Power of Attorney is not always permanent, and its duration depends on the type you create, how it is used, and the circumstances surrounding the donor and attorney.

Does a Lasting Power of Attorney expire?

A Lasting Power of Attorney, often called an LPA, does not have a fixed expiry date. Once it is registered with the Office of the Public Guardian and used correctly, it usually remains in place for the rest of the donor’s life. This applies to both Property and Financial Affairs LPAs and Health and Welfare LPAs.

However, its ongoing validity depends on the document remaining legally sound. If the donor cancels it while they still have mental capacity, or if a court revokes it, the authority ends immediately.

What about an Ordinary Power of Attorney?

An Ordinary Power of Attorney works differently. It is typically used for temporary situations, such as managing finances during travel or illness. This type only remains valid while the donor has mental capacity.

If the donor loses capacity, the Ordinary Power of Attorney ends automatically. For long term planning, many people choose an LPA because it continues to operate even if capacity changes.

When does a Power of Attorney stop being valid?

Several events can bring a Power of Attorney to an end. The most common is the death of the donor. Once the donor passes away, the attorney’s legal authority ends and the executor of the estate takes over.

Other circumstances can also stop the arrangement. These include the attorney becoming bankrupt when managing financial matters, the attorney losing capacity themselves, or a divorce that affects a spouse who was named as an attorney, unless the document states otherwise.

Can a Power of Attorney be changed or cancelled?

Yes, as long as the donor still has mental capacity, they can amend or cancel an LPA at any time. This flexibility allows people to respond to changes in relationships, health, or personal preferences. If an attorney wishes to step down, they can also formally disclaim their role.

Keeping the document up to date is important. Reviewing it every few years helps ensure it still reflects current wishes and circumstances.

Why understanding duration matters

Knowing how long a Power of Attorney lasts helps donors and attorneys avoid confusion later. It ensures expectations are clear, responsibilities are understood and planning decisions are made with confidence.

For most people, a registered LPA made using a service like Power of Attorney Online is designed to last indefinitely, offering reassurance that trusted individuals can act when needed. By understanding when it starts, how long it continues, and when it ends, families can feel more prepared for whatever the future brings.

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