Can a lasting power of attorney be challenged?

Yes, anyone can object to an LPA, although it’s most common for attorneys, where there is more than one, or “persons to be told” to raise objections to an LPA.

There are several grounds under which someone can object to an LPA, known as factual objections and prescribed objections.

Factual objections include: the donor or an attorney has died, the donor and an attorney were married or had a civil partnership but have now divorced or ended the civil partnership, an attorney not having the mental capacity to be an attorney, an attorney choosing to stop acting as an attorney, or the donor or attorney are bankrupt, interim bankrupt, or subject to a Debt Relief Order. The points around bankruptcy only apply to property and financial affairs LPAs.

Prescribed objections include if you believe: an LPA isn’t legally correct, the donor didn’t have the mental capacity to make an LPA, the donor cancelled or expressed a wish to cancel their LPA having regained mental capacity, fraud has taken place, the donor was pressured into making an LPA, or an attorney or attorneys are not acting in the donor’s best interests.

All objections must be raised with the Office of the Public Guardian and evidence provided to support objections. Attorneys and “persons to be told” have three weeks after being notified of its registration to object to an LPA and can do so at no cost.

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