Objecting to a Lasting power of attorney
If you need to object to a lasting power of attorney, you need the right form and to complete it correctly. MyLawyer provides the solution.
It is possible to object to the registration of a 'Lasting power of attorney' for a number of reasons and the process for doing so will depend on the grounds for the objection.
An 'LPA 7 - Objection to the Public Guardian of LPA registration' form should be used when a person named in the LPA as someone to be notified of the intention to register the LPA or any non-registering attorney wishes to object to it. The grounds for the objection can include one or more of the following:
- The donor or attorney is bankrupt or interim bankrupt (for property and affairs LPAs only)
- The attorney is a trust corporation and is wound up or dissolved (for property and affairs LPAs only)
- The donor or attorney has died
- There has been a dissolution or annulment of a marriage or civil partnership between the donor and attorney (unless the LPA stated that this eventuality would not affect the LPA)
- The attorney(s) lack the capacity to be an attorney under the LPA
- The attorney(s) have disclaimed their appointment (i.e. no longer wish to be an attorney)
If the donor in an LPA (whether 'Property and financial affairs LPA' or 'Health and welfare LPA') wishes to object to their LPA being registered, they should complete an 'LPA 6 - Objection by donor of LPA registration' form and send it to the Office of the Public Guardian (OPG). When the OPG receives this form, they will suspend registration of the LPA until a decision is made.
A 'COP 7 - Objection to Court of Protection of LPA registration' form should be used if the intended attorney or a 'person to notify' wishes to object to the registration of the LPA on the following grounds:
- The LPA isn't legally valid (e.g. they don't think that the donor had the mental capacity to make an LPA)
- The power created by the LPA no longer exists, e.g. the donor revoked it at a time when he/she had capacity to do so
- Fraud or undue pressure was used to get the donor to make the power of attorney
- The attorney is acting (or intends to act) in a way that is beyond their authority or would not be in the donor's best interests
If an objection has been made to the Court of Protection, the Office of the Public Guardian will also need to be informed through an 'LPA 8 - Notice to Public Guardian of application to Court of Protection' to ensure the LPA is not registered.
The information on this page applies to England and Wales only.