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What Lasting Power of Attorney is

Lasting Power of Attorney is a legal term that means someone can make decisions about someone else’s finances and welfare. They can be given this responsibility if someone is unable to make their own decisions.

• What is a Lasting Power of Attorney?

Who can object to a Lasting Power of Attorney?

Only the following people can object to a Lasting Power of Attorney:

• the donor (the person who needs someone to make decisions for them)
• the named persons (the people named in the Lasting Power of Attorney to be told of the application)
• the people who will be given the power to make decisions for someone else (the attorneys)

The Office of the Public Guardian or the Court of Protection will contact you if you have the right to object. They will tell you how you can make your objections.

There is a six-week period to allow someone to object to the registration of a Lasting Power of Attorney.

You can download forms to object to the registration of a Lasting Power of Attorney from the Ministry of Justice website using the link below.

Objections to a Lasting Power of Attorney can be made for many different reasons. For example, you might not think the attorney will make decisions with the other person’s best interests in mind.

If you are the donor, you do not need any particular reason or evidence to object.

• The Office of the Public Guardian and the registers of attorneys and deputies

• The Court of Protection and how it appoints deputies

• Lasting Power of Attorney forms - Ministry of Justice website Opens new window

When to object to the Office of the Public Guardian

You can apply to the Office of the Public Guardian and object to the registration of a Lasting Power of Attorney. Reasons to do this could include:

• the donor is declared bankrupt (for property and affairs Lasting Power of Attorney only)
• the attorney is bankrupt (for property and affairs Lasting Power of Attorney only)
• the attorney is a company (known as a ‘trust corporation’) that no longer exists (for property and affairs Lasting Power of Attorney only)
• the donor dies
• the attorney dies
• the donor and the attorney were married or in a civil partnership and this is now no longer the case
• the attorney lacks the mental capacity to make decisions
• the attorney does not want to be appointed

You might need to provide evidence for the reasons behind your objection, such as letters or documents from the attorney or the donor.

When to object to the Court of Protection

You can apply to the Court of Protection to object to the registration of a Lasting Power of Attorney if:

• you believe the donor did not have the mental capacity to make a Lasting Power of Attorney
• you think the donor cancelled the Lasting Power of Attorney at a time when they had the mental capacity to do so
• you think that fraud or unfair pressure was used to persuade the donor to make the Lasting Power of Attorney
• you believe the attorney will behave in a way that would not be in the donor’s best interests