How to Challenge a Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) lets someone choose others to make decisions for them if they can’t do it themselves. Sometimes, people might want to challenge an LPA if there are problems. Here’s what you need to know:

Who Can Challenge an LPA?

The person who made the LPA can challenge it if they still understand things well and no longer want it or if they think it was made under pressure or fraud.
People who were told about the LPA being registered can also challenge it.
Family members worried about the LPA’s fairness or the person chosen to make decisions can challenge it.
Social services can take action if they think the person chosen to decide things is not doing it in the best way for the one who made the LPA.

Reasons to Challenge an LPA:

Lack of understanding: The person who made the LPA must have been able to understand what they were doing at the time.
Forced or tricked: If someone was made to do the LPA against their will or by trickery, it can be challenged.
Fraud: If it looks like someone else made the LPA pretending to be the person who actually made it, it can be reported to the police.
Wrong person chosen: If the person chosen to make decisions is not trustworthy or not doing what’s best, the LPA can be challenged.

How to File an Objection:

People who were told about the LPA have three weeks to raise concerns with the Office of the Public Guardian (OPG).
Concerns can be about facts (like someone passing away) or specific reasons (like not understanding when making the LPA).
Proof like medical records or what witnesses say can help support concerns.

What If There Are Concerns After Registration?

Write to the OPG with concerns, and they will check if they can investigate.

Making Changes as the Donor:

To change the LPA, the person who made it must understand what changes they want to make.
To remove one or more people chosen to decide things, they can send a form to the OPG with witnesses’ signatures.
To add a new person to decide things, they might have to end the current LPA and make a new one if they can still understand.

Involving the Court of Protection (COP):

If disagreements with a person chosen to decide things can’t be fixed, an application can be made to the COP to remove them.
The court may pick someone else to make decisions instead.

Remember, it’s important to have good reasons when challenging an LPA. Talking to an expert can help understand the process better.

I hope this helps you. If you get stuck or need some help then please get in touch. LPA Help and Advice Crawley