Can I Challenge a Power of Attorney?

Answer

You can challenge a lasting power of attorney (LPA) in several ways depending on who you are and the reason behind your objection. If you are the donor and object to the registration of your attorney, you can fill out the LPA006 form.  

 

You can also object based on a ‘factual objection’ or on ‘prescribed grounds’. When making these objections, you may need to provide evidence to support your claims. 

 

Factual objections cover issues such as if the donor or an attorney has passed away or if they were both in a civil partnership but have now divorced or ended their civil partnership. You may also make a factual objection if you believe the attorney lacks the mental capacity to be one or if the attorney has chosen to stop acting in their role. Lastly, you may make a factual objection if either the donor or an attorney is bankrupt, interim bankrupt, or find themselves subject to a Debt Relief Order. 

 

The following reasons cover why you might challenge the LPA on prescribed grounds. For example, you believe the attorney is not legally correct, or the donor lacked the mental capacity to choose their attorney, or they may have cancelled their attorney once they regained capacity, but it is still ongoing. Another reason could be that the attorney is acting against the donor’s best interests. It also covers areas where there was fraud, such as a fake signature, or if the donor was under pressure to make somebody their attorney. 

 

The process of challenging an attorney involves completing an objection form and sending it to the Court of Protection.

To challenge an attorney on prescribed grounds, you have to fill out a notification form too. You do not have to pay any fees if you object and are an attorney or a relevant person that needs to be told.

However, if you are not an attorney or a person who needs to be told, you will have to complete an objection form (COP1) alongside paying the fee. If you are eligible for a reduction or exemption, you can apply to have the fee reduced. 

After sending the forms, you will be contacted either by the Office of the Public Guardian or the Court of Protection, and they will inform you of what happens next.