Can A Donor Object To The Registration Of Their LPA

A Lasting Power of Attorney (LPA) is a legal document that allows an individual (the donor) to appoint one or more trusted people as their attorneys, which allows them to make decisions on their behalf. There are two types of LPA: one for health and welfare, for decisions such as medical treatment, care arrangements, and living arrangements, and another for property and financial affairs, covering decisions regarding a donor’s property and finances. An LPA must be made while the donor still has mental capacity.  

Before being able to use an LPA, the LPA must be registered with the Office of the Public Guardian (OPG). An LPA regarding a person’s property and financial affairs can be registered at any time; however, an LPA for a person’s health and welfare requires the attorney to have lost capacity before it is registered. An LPA can be registered by the donor, providing they retain capacity, or by their attorney. On applying for an LPA’s registration, those named in the LPA will be notified, allowing any objections to be made before registration. Registration of an LPA can be objected to for the following reasons:

The above reasons allowing a person to object to the registration of an LPA are generally self-explanatory and seek to promote the autonomy of the donor. It will often be difficult to prove that an attorney who has not yet been appointed is unable to act in the best interests of the donor, as they have not yet been given the opportunity to act. For this reason, the Court has previously accepted that the proposed attorney’s actions with other matters concerning the donor may be taken into account. A conflict of interest will also be sufficient to suggest an attorney is unable to act in a donor’s best interests.

Whilst only those notified of the registration of the LPA can object, any person with concerns as to the registration of an LPA should raise their concerns with the OPG, who may investigate matters further. It should be noted that any person seeking to object to the registration of an LPA is required to prove their reason for the objection.

In the event the LPA is registered before any objections are made or regardless of the objection, the LPA may still be cancelled. An LPA can be cancelled at the request of the donor, providing they retain capacity, or by an order of the Court of Protection.