Who can object to the registration of an Lasting Power of Attorney?

Only the donor, the named persons or other attorneys are able to object to the registration of a Lasting Power of Attorney (LPA). 

Objections by a named person(s) or an attorney(s) have to be made either to the Office of the Public Guardian on one of the factual grounds listed below; or to the Court of Protection on one of the prescribed grounds listed below:

Factual grounds

  • The Office of the Public Guardian (OPG) can be asked to stop the registration if:
    • The Donor is bankrupt or interim bankrupt (for property and affairs LPAs only)
    • The 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 is dead
    • The Attorney is dead
    • There has been dissolution or annulment of a marriage or civil partnership between the donor and attorney (except if the LPA provided that such an event should not affect the instrument)
    • The Attorney(s) lack the capacity to be an attorney under the LPA
    • The Attorney(s) have disclaimed their appointment.

Prescribed grounds

  • Objections can be made to the Court of Protection against registration of an LPA on the following grounds:
    • That the power purported to be created by the instrument is not valid as an LPA, for example, the person objecting does not believe the donor had capacity to make an LPA
    • That the power created by the instrument no longer exists – fore example the donor revoked it at a time when he/she had capacity to do so
    • That fraud or undue pressure was used to induce the donor to make the power
    • The attorney proposes to behave in a way that would contravene his/her authority or would not be in the donor’s best interests.

The OPG will require appropriate evidence to support any factual objection raised.

Objections by the donor do not need to be on any specific grounds.

If the OPG or the Court receive an objection to your application to register an LPA, they will contact you to advise what steps you need to take next. 

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