Who can override a power of attorney in the UK?

Ultimately the Office of Public Guardian (OPG) or the Court of Protection can remove a power of attorney in the UK. A Lasting Power of Attorney (LPA) is a legal document, therefore it can only be revoked or overridden by the donor through the OPG if they have mental capacity or through the Court of Protection if it needs to intervene. 

An LPA is a document confirming the appointment of attorneys to assist donors in making important decisions on their behalf relating to health and welfare, finances and property.

There are also other ways that an LPA can end, for instance, family members or other LPAs can contact the OPG if they do not agree with an LPA’s actions or decisions. But the final decision is down to the OPG.

The Office of Public Guardian’s primary role is to help people stay in control of their decisions in relation to health and finance. The Court of Protection was set up by the Mental Capacity Act 2005 and appoints people (deputies) to make decisions on behalf of others when they cannot do so themselves. The OPG and the Court of Protection are part of the same process although the OPG keeps track of and monitors all the attorneys, deputies, and guardians across the country, whereas the Court makes important decisions. 

If you have the mental capacity to do so, you can end a lasting power of attorney yourself as the donor by sending the original LPA to the Office of Public Guardian and completing a “deed of revocation” which is a statement confirming that you are ending the LPA. This will need to be signed and witnessed.

Other ways an LPA can end are if the attorney loses their ability to make decisions on behalf of the donor and therefore they are no longer able to act in their best interests. Alternatively, if the attorney is married to the donor and they divorce, the LPA ends. The LPA will also end if the attorney dies or becomes bankrupt. 

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