Challenging an LPA: When and How to Object

Challenging an LPA

If you're concerned about an LPA or how an attorney is behaving, you have options. This guide explains when and how to challenge.

Types of Challenges

1. Objecting to Registration

Before an LPA is registered, certain people can object.

2. Challenging a Registered LPA

After registration, you can raise concerns about the LPA's validity.

3. Reporting Attorney Misconduct

If an attorney is misusing their powers.

Objecting to Registration

Who Can Object?

• The donor (person making the LPA)
• Attorneys named in the LPA
• People notified in the LPA
• In some cases, other interested parties

Grounds for Objection

Factual grounds:

• The donor is bankrupt (for Property & Financial LPA)
• An attorney is bankrupt
• An attorney is under 18
• An attorney has disclaimed

Prescribed grounds:

• The donor lacked capacity when making the LPA
• The LPA was made under fraud, undue pressure, or duress
• The attorney behaved in a way that would have allowed the Court to revoke
• An attorney proposes to behave in such a way

How to Object

Complete form LPA007 (objection form)

Submit to OPG during registration waiting period

Pay the objection fee (currently £0 for donors, varies for others)

OPG investigates

Challenging a Registered LPA

Grounds for Challenge

• The donor lacked capacity when signing
• The LPA was obtained by fraud or undue influence
• The certificate provider wasn't suitable
• Procedural errors that invalidate the LPA

How to Challenge

Apply to the Court of Protection

Complete form COP1 (application form)

Pay the court fee (£371)

Attend any hearings

Court decides on validity

Reporting Attorney Misconduct

Signs of Misconduct

• Taking the donor's money for themselves
• Not acting in the donor's best interests
• Failing to keep accounts
• Making decisions the donor wouldn't want
• Not consulting when required
• Neglecting the donor

How to Report

Contact the Office of the Public Guardian (OPG)

- Phone: 0300 456 0300 - Form: Complete a safeguarding concern form online

OPG investigates

Possible outcomes: warning, supervision, removal, referral to court

What OPG Can Do

• Investigate concerns
• Require attorneys to provide information
• Apply to court to remove attorneys
• Refer cases to police if criminal

Removing an Attorney

Who Can Apply?

• The donor (if they have capacity)
• Other attorneys
• Family members
• The OPG
• Anyone with "sufficient interest"

Grounds for Removal

• Not acting in donor's best interests
• Breach of duties
• Unsuitability
• Conflict of interest
• Not maintaining contact with donor

Process

Apply to Court of Protection

Provide evidence of grounds

Court hearing

Court decides whether to remove

Costs of Challenging

Action

Cost

Objection to registration	Usually free
Court of Protection application	£371
Court hearing	Varies
Solicitor fees	£500-5,000+

Protecting Yourself

As a Donor

• Choose attorneys carefully
• Include "people to notify"
• Appoint multiple attorneys
• Include restrictions if needed
• Review regularly

As a Concerned Family Member

• Stay involved
• Ask questions respectfully
• Keep records of concerns
• Seek advice early
• Report promptly if worried

Emergency Situations

If someone is in immediate danger:

• Contact adult social services
• Contact the police if criminal activity suspected
• Contact OPG urgently

Don't wait for normal processes in emergencies.

Get Help with Your Situation →