What if I cannot or do not perform my role?

Can I end my role as an attorney?

If you are no longer willing or able to act as attorney and the enduring power of attorney has been registered but has not been activated, you can resign from your role. If the enduring power of attorney has been activated, you must make an application to court to be removed from the enduring power of attorney.

Your role may end in some other circumstances. You can find out more in the Code of Practice for Attorneys.

Can someone stop me from being appointed?

The donor must tell certain people (known as notice parties) that they are making the enduring power of attorney.

As attorney, you must tell certain people if you apply to notify (activate) the enduring power of attorney.

Any of these notice parties, or any person who has a sufficient interest or expertise in the welfare of the donor, can object to the registration or the notification of the enduring power of attorney within five weeks from the date notice was given of the application. Objections can only be made on specific grounds. You can find out more about objections on our website.

Can someone make a complaint about me as an attorney?

Any person can make a complaint about an attorney or an enduring power of attorney. Complaints can only be made for one or more of the following reasons:

• You have made, are making, or are trying to make, decisions that are not included in the enduring power of attorney, or in breach of the Assisted Decision-Making (Capacity) Act 2015
• You are not suitable for the role
• You used fraud, coercion or pressure to get the person to make, change or cancel the enduring power of attorney

You can find out more about complaints on our website.