A Lasting Power of Attorney is a legal instrument whereby an individual, or ‘donor’, can nominate someone, the ‘attorney’, to decide matters on their behalf regarding property and financial affairs, or health and welfare.
However, there are circumstances under which an LPA can be challenged or overruled.
Who Can Challenge An LPA?
The Donor
As long as the donor has mental capacity, they retain the right to revoke or amend their LPA. This can be done by completing a deed of revocation and notifying the Office of the Public Guardian.
Concerned Family Members or Friends
Individuals who believe that an attorney may not be acting in the donor’s best interests can raise concerns with the OPG or the Court of Protection. However, they must have reasonable grounds for their concerns.
For those who want a new LPA, using a specialist service like powerofattorneyonline.co.uk makes drawing up a lasting power of attorney online simple, legal, and safe.
The Court of Protection
If the donor lacks mental capacity, the Court of Protection has the authority to intervene by cancelling the LPA, removing an attorney, or appointing a deputy to make decisions on the donor’s behalf.
The Office of the Public Guardian
The OPG oversees LPAs and investigates concerns about attorneys. If there are allegations of abuse or misconduct, the OPG can refer the matter to the Court of Protection.
Via Legal Challenge
If there are concerns that an LPA was created under duress, fraud, or undue influence, it can be challenged in court.