Changing your name on a lasting power of attorney

Does a change of name affect a lasting power of attorney?#

Nothing on GOV.UK suggests that a new name ends a lasting power of attorney (LPA), but the Office of the Public Guardian (OPG) needs to know about it. GOV.UK lists a change of name, by the donor or by any attorney, among the changes that must be reported to OPG, alongside a change of address and the death of an attorney. It does not list a change of name among the ways an LPA can end, which are events such as the death of the donor or the only attorney, an attorney losing mental capacity, and the other circumstances set out below.

What GOV.UK does say firmly is that you should not make changes to the LPA document itself, because it might become invalid. The registered paper LPA keeps the names it was registered with, and OPG's records carry the new one.

How to tell the Office of the Public Guardian#

The donor, if they still have mental capacity, or one of the attorneys tells OPG. Send an email to customerservices@publicguardian.gov.uk, or a letter to Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH, and include what GOV.UK asks for:

• your full name, address and date of birth;
• whether you are the donor or an attorney;
• if you are an attorney, the donor's full name, address and date of birth;
• the reference number on the LPA;
• a copy of the marriage certificate or deed poll that shows the new name.

GOV.UK says not to send any original documents, so keep your deed poll at home and send a copy. A change of address needs no documents at all. GOV.UK's pages mention no fee for reporting either change, and give no time for OPG to update its records. Its page on changes you need to report lists OPG's other ways of getting in touch.

After OPG has the new name#

For an LPA registered on or after 1 January 2016, attorneys can use GOV.UK's Use a lasting power of attorney service to give a bank or other organisation an access code, and the organisation checks the LPA online through View an LPA. OPG's guidance for attorneys says the paper LPA can only show what it contained when it was registered, while View an LPA always shows the latest information, and that if an attorney has changed their name and told OPG, View an LPA shows the new details. It asks donors and attorneys to tell the organisations they deal with when their personal details change.

An LPA registered before 2016, or any time you use the paper document, works differently: you show the registered LPA or a certified copy of it, and it carries the old name. GOV.UK says an organisation can ask an attorney to prove their name, address and date of birth, so take the marriage certificate or deed poll that links the two names when you go.

If an attorney divorces the donor#

A change of name after a divorce is only the second question. GOV.UK says an attorney who is married to, or in a civil partnership with, the donor must stop acting if they divorce or the marriage is annulled, unless the LPA says they can carry on, and that any replacement attorneys named in the LPA take over. If there are none, the LPA may come to an end, so ask OPG where it stands before relying on it.

Enduring powers of attorney#

GOV.UK says only enduring powers of attorney (EPAs) made and signed before 1 October 2007 can still be used, and that an existing EPA cannot be changed: to change the arrangement, the donor cancels it and makes an LPA. Its pages on EPAs say nothing about a change of name. The online service covers LPAs only, so an attorney shows the registered paper EPA to organisations. Keep the document that links your old and new names with it, and ask OPG, by email or letter as above, whether it wants to note the new name on a registered EPA.

Scotland and Northern Ireland#

An LPA made under GOV.UK's process is legally binding only in England and Wales. In Scotland, powers of attorney are registered with the Office of the Public Guardian (Scotland), which says it must be told in writing or by email of any change, including a new name for the granter or an attorney, quoting the PG case reference if you have it. Its change of name page asks for legal confirmation of the change, giving as examples a copy of a marriage certificate, a decree of divorce, an updated driving licence or a change of name deed poll. It treats a new name as an administrative update, charges no fee for it, and writes to confirm the change.

In Northern Ireland, an enduring power of attorney covers money and property, and is registered with the High Court's Office of Care and Protection when the attorney believes the donor is becoming unable to manage their affairs. Neither nidirect nor the Department of Justice publishes anything on a change of name; ask the Office of Care and Protection through its contact page on nidirect.