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:
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:
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.