Recover your power of attorney

Recover your power of attorney

How do you recover your power of attorney documents if your solicitor’s firm has closed?

If the law firm holding your Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) has ceased trading, you may be concerned about recovering your original documents. The steps to take will depend on how the firm closed.

If another firm has taken over

If the firm has merged with or been acquired by another practice, contact that practice to ask whether it holds your documents and how to arrange their return.

If the firm closed without a takeover or SRA intervention, check any closure correspondence for details of where your documents were transferred. If you are unsure where to start, contact the Solicitors Regulation Authority (SRA) for assistance.

If the SRA has closed the firm

When the SRA closes a firm through an intervention, it takes possession of client papers and documents to safeguard them. It usually appoints another law firm, known as an intervention agent, to assist with this process. The intervention agent does not automatically become your new solicitor.

Visit the SRA’s guidance on firm closures and interventions to find out what to do next.

Depending on when the intervention occurred, your documents may be with the intervention agent or the SRA’s Intervention Archives. The SRA’s “Claim your papers” page explains how to request their return, including the identification and authority required. There is no fee for making this request.

When making enquiries, provide your full name, any previous name or address used when the documents were prepared, the name of the closed firm and the approximate date of your power of attorney.

Should you review your existing power of attorney?

The closure of the firm that prepared or stored your power of attorney does not, by itself, invalidate it. However, recovering your documents can be a useful opportunity to check that your arrangements still reflect your wishes.

An EPA covers property and financial affairs only. It does not authorise decisions about health and welfare. A valid EPA made before 1 October 2007 can remain effective, and, subject to its terms, your attorneys may use it with your permission while you still have mental capacity. They must apply to register it when they have reason to believe you are losing or have lost mental capacity.

You do not necessarily need to replace an existing EPA. You may, however, wish to review your choice of attorneys or consider making a separate Health and Welfare LPA.

There are two types of LPA:

• Property and Financial Affairs LPA: covers matters such as managing bank accounts, paying bills and dealing with property. Once registered, it can be used with your permission while you retain mental capacity, if its terms allow.
• Health and Welfare LPA: covers decisions about matters such as care arrangements and medical treatment. It can only be used when you lack mental capacity to make the particular decision yourself.

You must have the necessary mental capacity when making a new LPA.

If you are considering revoking an EPA, seek advice before taking action. The procedure depends on whether it has been registered: cancelling a registered EPA requires an application to the Court of Protection. It is also important to consider how any replacement arrangements will work.

How Kerseys Solicitors can help you?

Our Private Client team can advise on recovering and reviewing existing powers of attorney, whether an EPA remains suitable, and preparing new LPAs where appropriate.

Contact your preferred office at:

Kerseys Solicitors in Stowmarket at [email protected] on 01449 613631 or
Kerseys Solicitors in Ipswich at [email protected] on 01473 213311 or
Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or
Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or
Kerseys Solicitors in Colchester at [email protected] on 01206 584584 or

Alternatively, visit our website and select “Call Me Back” to request a call from our team.

This article provides general information about powers of attorney in England and Wales. It does not constitute legal advice. Please obtain advice tailored to your circumstances before taking action.