A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose the ability to do so yourself – whether due to illness, a serious accident, or conditions such as dementia.

There are two types of LPA, each serving a different purpose. A Property and Financial Affairs LPA gives your attorney the authority to manage your finances – including paying bills, handling bank accounts, and making decisions about property or investments. A Health and Welfare LPA, on the other hand, covers health and welfare decisions about your medical treatment, daily care and living arrangements – but only comes into effect if you are no longer able to make those decisions yourself.

In this guide, we explain who can override a Lasting Power of Attorney under UK law, and how proactive planning can help safeguard your best interests and give peace of mind to you and your loved ones.

Which stakeholders can challenge a lasting power of attorney?

The donor

The donor is the person who created the LPA and retains the right to revoke the arrangement, either in full or in part, as long as they still have mental capacity. This means they can cancel the entire LPA or remove one or more appointed attorneys, even after the LPA has been formally registered.

An attorney or person to be notified

An attorney appointed under an LPA has a legal duty to act in the donor’s best interests and within the scope of the authority given. They can disclaim the position of attorney at any point if they are no longer willing to act. If there are multiple attorneys, one may raise concerns if they believe another is acting improperly or beyond their remit. Where a donor has chosen to inform specific individuals of the arrangement, those people may also raise questions or concerns about how the power is being exercised on the donor's behalf.

Family members

Family members often have a close understanding of the donor’s circumstances and may be well placed to notice any misuse of the power. While they do not have an automatic right to intervene, they can take steps to raise their concerns – either by speaking with the donor directly or by seeking professional legal advice where necessary.

Local authority

Local authorities such as social services can become involved if there are safeguarding concerns in relation to how a lasting power of attorney is being used. In such cases, the local authority has the power to investigate and take appropriate protective action.

Reasons to challenge the validity of an LPA

Although an LPA is a legally binding document, there are specific circumstances under which its validity can be challenged. These challenges are typically raised to safeguard the donor and be sure that the LPA was made freely and with full understanding. Common reasons include:

• Lack of mental capacity at the time of creation: under the Mental Capacity Act 2005, the donor must have the necessary mental capacity when making an LPA. If the donor loses mental capacity before this point and did not fully understand the nature or consequences of the LPA at the time it was signed, the arrangement may be rendered invalid.
• Fraud: an LPA may be challenged if there is evidence of fraudulent activity. This could involve the donor being misled into creating the document, or instances where the donor's signature was forged, often for the purpose of financial exploitation.
• Undue influence: if the donor was pressured, coerced, or manipulated into creating the LPA, it could be challenged on the grounds of undue influence. The law requires that the donor makes the decision voluntarily and without external pressure.

These types of challenges are taken seriously and are assessed by the Court of Protection, which has the authority to revoke an LPA where wrongdoing or procedural irregularities are proven.

Reasons to challenge the suitability of an attorney

Even where an LPA is valid, concerns may arise regarding the suitability of the appointed attorney. Attorneys are legally bound to act in the donor’s best interests and within the limits of their authority. Where this does not happen, there may be grounds for a formal challenge.

Factual grounds

Factual objections arise from specific circumstances that automatically prevent the LPA from being legally valid. These are usually based on concrete facts rather than matters of judgment or interpretation. Common examples include:

• The attorney or donor dies: an LPA cannot proceed if the donor or any of the attorneys named in the document has died.
• The donor and an attorney have divorced or ended a civil partnership: if the attorney is the donor's spouse but they are legally separating, the appointment may be invalid unless the LPA specifies otherwise.
• Loss of capacity by the attorney: attorneys must also have mental capacity to carry out their role. If they themselves lose capacity, they can no longer act, and if no replacement attorney is named, the LPA may end.
• Bankruptcy or a Debt Relief Order: if either the donor or an attorney is bankrupt, subject to interim bankruptcy proceedings, or has a Debt Relief Order in place, the LPA may be invalid in relation to property and financial affairs.
• The donor regains mental capacity: although rare, if a donor who previously lacked capacity regains it, the LPA may no longer be needed. However, it remains valid unless revoked.

Prescribed grounds

Prescribed grounds are often considered more subjective reasons for challenging an LPA. Unlike factual grounds, they usually require more detailed investigation and evidence to demonstrate that the attorney is not acting appropriately or in line with their legal duties.

• Not acting in the donor’s best interests: attorneys appointed under a Health and Welfare LPA are expected to make decisions that place the donor’s health and wellbeing at the heart of every choice, including medical care and personal welfare. If there is evidence that these decisions are being made irresponsibly or without proper consideration of the donor’s needs, concerns can be raised. Similarly, for a Property and Financial Affairs LPA, financial decisions must benefit the donor and comply with the specific terms of the arrangement. If this is not the case, the attorney’s actions may be challenged.
• Mismanagement of funds: attorneys have a duty to act with integrity and care when handling the donor’s finances. If they fail to keep accurate records, use funds inappropriately, or disregard the donor’s wishes and the conditions set out in the LPA, their suitability can be questioned.
• Acting beyond the scope of their powers: an attorney's responsibilities will be specified within the LPA and they must operate strictly within the scope of this authority. If they make decisions outside of this scope, such as unauthorised gifting of assets or using funds for purposes that do not directly benefit the donor, this may constitute a breach of duty.
• Revocation by the Court of Protection: where concerns about an attorney’s conduct or suitability are raised, the Court of Protection has the legal authority to investigate and, if necessary, revoke the LPA entirely to protect the donor’s interests.

At Walker Foster, we know that questioning the conduct of an attorney can be a daunting and emotionally challenging step. Our experienced team can provide clear, supportive guidance, helping you to safeguard the donor’s rights and ensure their best interests remain the priority.

What is the process for challenging an LPA?

An objection must usually be raised within three weeks of receiving notice that an LPA is being registered. If concerns arise after registration, the matter may be taken to the Court of Protection.

Complete the correct forms

• For factual grounds, the objector completes Form LPA007 and submits it to the Office of the Public Guardian (OPG). These objections are generally quicker to resolve, as they rely on objective facts.
• For prescribed grounds, the objector must report concerns about the handling of the donor's affairs by completing form LPA008 (submitted to the Office of the Public Guardian and form COP7 (submitted to the Court of Protection). Supporting evidence – such as medical reports, witness statements or financial records – must also be provided.

Investigation and decision

• The OPG will review the objection.
• In cases involving prescribed grounds, the matter is escalated to the Court of Protection, which will examine the evidence and decide whether the LPA should be revoked, amended, or allowed to stand.

Outcome

If the objection is upheld, the LPA may be cancelled, the attorney removed, or restrictions placed on how the LPA operates. If the challenge is unsuccessful, the LPA continues in its existing form.

At Walker Foster, we know that questioning or challenging an LPA can be stressful, particularly where family relationships are involved. If you are concerned about how decisions are being made regarding a donor’s welfare or financial affairs, our expert team can provide clear, sensitive advice and guide you through the process with care.