Divorce and LPA UK (2026): What Happens to Your Lasting Power of Attorney After Divorce

Yes — under section 13(11) of the Mental Capacity Act 2005, if a donor and their attorney are or were married or in a civil partnership and that marriage or civil partnership is later dissolved or annulled, the attorney's appointment is automatically terminated at the point of dissolution or annulment. This applies to both a Property and Financial Affairs LPA and a Health and Welfare LPA. The LPA itself is not revoked (it remains a valid document if other attorneys are named), but the former spouse ceases to act as attorney. If your ex-spouse was the sole attorney and no replacement attorney was named, the LPA effectively fails — there is no one with authority to act if you later lose capacity.

No. Legal separation, a separation agreement, or simply living apart does not automatically terminate a spouse's attorney appointment under the Mental Capacity Act 2005. The automatic termination only triggers on a final decree of divorce or dissolution of a civil partnership. If you are separated but not divorced and you no longer want your spouse to act as your attorney, you must take positive steps to revoke their appointment while you still have mental capacity. Revocation requires completing a Deed of Revocation, notifying the attorney and any other attorneys, and notifying the Office of the Public Guardian if the LPA is already registered.

After divorce, the former spouse's attorney appointment is terminated by operation of law. If they attempt to use the LPA, any transaction or decision made under it after the date of divorce would be invalid — the attorney has no legal authority. The OPG and third parties (banks, medical professionals) should be notified that the former spouse is no longer an attorney. If the ex-spouse uses the LPA after divorce without authority and causes loss or damage, they could be liable for the consequences. Update your bank, GP, and any other institutions that hold a copy of the LPA as soon as possible after divorce.

Yes — the automatic termination under section 13(11) MCA 2005 does not apply if the LPA expressly provides that the appointment is not to be affected by the dissolution of the marriage. If you wish to keep your former spouse as attorney regardless of divorce, the LPA instrument must contain a specific statement to that effect. This provision must be included at the time of drafting — it cannot be added retrospectively once the LPA has been executed and registered. In practice, most couples do not include this clause. If your LPA was made without such a clause, your ex-spouse's appointment automatically terminates on divorce.

Act promptly: (1) If you have separated but not yet divorced, review your LPA immediately. If you do not want your spouse to have authority now, revoke their appointment immediately while you have capacity — don't wait for the divorce to finalise. (2) If your divorce is finalised, notify the OPG and any relevant institutions that the former spouse's attorney appointment has automatically terminated. (3) Assess whether your LPA is still operative — if your ex was the sole attorney and there are no replacement attorneys, the LPA is now effectively without anyone to act. You should make a new LPA appointing replacement attorneys as soon as possible. (4) If you named your ex-spouse as a joint attorney with others, the LPA may continue with the remaining attorneys depending on how the LPA was structured (jointly, or jointly and severally).

Yes, with an important difference in degree. Under section 18A of the Wills Act 1837, divorce (or annulment) automatically revokes any gift or appointment to the former spouse in a will — but it does not revoke the will itself. Under section 13(11) MCA 2005, divorce automatically terminates the former spouse's attorney appointment under an LPA — but the LPA itself remains valid if other attorneys are named. The practical effect is similar in each case: the former spouse loses their role (whether as beneficiary, executor, or attorney), but the documents survive. In both cases, you should make new arrangements after divorce: update your will and make a new LPA with newly chosen attorneys.

To make a new LPA after divorce, you complete the official forms LP1F (Property and Financial Affairs LPA) and LP1H (Health and Welfare LPA) available from the Office of the Public Guardian. You nominate new attorneys (trusted friends, family members, or a professional). You must have mental capacity at the time of making the LPA. Each LPA must be signed by you, your new attorney(s), and an independent certificate provider, and then registered with the OPG. Registration currently takes around 20 weeks and costs £82 per LPA (£164 for both types). You can appoint more than one attorney and name replacement attorneys in case a primary attorney dies or loses capacity. Revoke the old LPA properly at the same time to avoid any confusion.