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My brother is named as attorney with me but I don't trust him — can I remove him?

Family situationsAsked by Karen, 55, Doncasterabout 2 months ago720 views

Answered by the SAMEDAY LPA team — qualified estate planner

Only the donor (the person who made the LPA) can change the attorneys, and only while they still have capacity. If your parent still has capacity, they can revoke the existing LPA and make a new one with different attorneys — we do this regularly. If they've lost capacity, you can't simply remove an attorney, but you can apply to the Office of the Public Guardian to investigate concerns about an attorney's conduct, and they can ultimately remove that attorney through the Court of Protection if there's evidence of misconduct. Don't wait if you have real concerns — call us and we'll talk through what evidence the OPG looks for.

Answered · qualified estate planner

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