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Objecting to Power of Attorney UK

Notified parties can object to the registration of a power of attorney if it is an inappropriate appointment. Discover which forms to use when objecting to the registration of a lasting or enduring power of attorney.

Objecting to a Lasting Power of Attorney

You will need to inform the Office of the Public Guardian (OPG) if you want to object to the registration of a lasting power of attorney (LPA).

In some situations, you may also need to let the Court of Protection know about the objection.

The method used for objecting to lasting power of attorney varies. It will depend on whether you are one of the notified parties and your reason for objecting.

If a Donor Objects the Registration of LPA

The donor should fill in the objection form titled ‘Object to registration of LPA: donor (LPA006)‘ and send it to the OPG. You will find the address for the Office of the Public Guardian written on the form.

If an Attorney or ‘Person to be Told’ Objects

The donor, or an attorney, would send a letter notifying people who need telling about the registration of the LPA. As such, you would be able to make a ‘factual objection’ or make an objection on ‘prescribed grounds’.

Making a Factual Objection

As a rule, factual objections to the registration of lasting power of attorney would be valid if:

  • The donor or one (or more) of the attorneys has died.
  • The donor and an attorney were married or they had a civil partnership but have since divorced or dissolved the civil partnership.
  • An attorney lacks mental capacity to be acting as someone’s attorney.
  • An attorney ‘disclaims their appointment’ meaning they have chosen to stop acting as an attorney.
  • The donor or an attorney are bankrupt or interim bankrupt. The same would apply to property and financial affairs attorneys subject to a Debt Relief Order.

Use the objection form titled ‘Object to registration of LPA: factual grounds (LPA007)‘ and send it to the OPG. You will find the address for the Office of the Public Guardian written on the form.

Note: The time limit for objecting to power of attorney is three (3) weeks of being told about LPA registration.

Making a Prescribed Objection

You can also make an objection to the registration of a lasting power of attorney if you believe that:

  • The LPA is not correct for one or more legal reasons.
  • The donor lacked sufficient mental capacity to make a lasting power of attorney (LPA).
  • There is an involvement of fraudulent behaviour (e.g. someone faked the signature of the donor).
  • Someone pressured the donor into making the LPA.
  • The donor cancelled the LPA after regaining mental capacity.
  • One of the attorneys is acting or making decisions against the best interests of the donor.

Note: You must be able to provide some evidence that supports a claim of factual or prescribed objections.

There is no charge to make an objection to a registration if you are one of the attorneys or one of the ‘people to be told‘. But, you will need to fill in two separate forms:

Other Objections (not an attorney or ‘person to be told’)

Other objectors would need to use Form COP1 to make an objection. You should send the original and one copy to the Court of Protection. Send a cheque made payable to ‘HM Courts and Tribunals Service’ with the forms to cover the court-handling fee.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Getting a Fee Reduction or Exemption

As a rule, people on means-tested benefits or getting a low income do not need to pay the court fee. Download Form COP44A to check whether you qualify and how to apply for a fee reduction.

Either the Court of Protection or the OPG will contact you after they receive the forms and any relevant fees. They will then inform you of what will happen next, such as:

  • They intend to stop the registration of the lasting power of attorney (LPA).
  • The intend to set up a hearing to discuss your objection to the registration.

Objecting to an Enduring Power of Attorney

There are two different ways to object to registration of an EPA. But, as a rule the process will cancel an enduring power of attorney.

The method that you use would depend on whether you received an official letter telling you that someone wants to register the EPA.

Objection after Receiving an Official Letter

An attorney would send a letter to the donor and some of their closest relatives. The letter would inform them that the attorney intends to register the EPA.

Being one of these people means you can object to the registration of enduring power of attorney if you believe that:

  • The EPA is not correct for one or more legal reasons (e.g. it did not get signed and witnessed properly).
  • The donor lacked sufficient mental capacity to make an enduring power of attorney (EPA).
  • The donor cancelled the EPA before losing mental capacity.
  • There is an involvement of fraudulent behaviour (e.g. someone faked the signature of the donor).
  • Someone pressured the donor into making the EPA.
  • The donor still has mental capacity and can make their own decisions. Thus, the EPA should not get registered at this time.
  • An attorney is acting above the scope of their authority or against the best interests of the donor.

Note: You must make an objection to registration of an EPA within five (5) weeks of receiving the letter informing you about it. You would need to fill in two separate forms.

Objection If You Did Not Receive an Official Letter

Other people can also object if they feel the registration of the EPA would be inappropriate. You can use the same application form COP1 (see above) and send it to the Court of Protection.

Issue a cheque for the court fee and make it payable to ‘Court of Protection’. You must also write a letter to the OPG informing them why you object to the registration of enduring power of attorney.

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Getting a Fee Reduction or Exemption

Being on means-tested benefits or a low income could qualify you for a reduction of the fee. Use form COP44A to see if you qualify and how to get a fee exemption or reduction.

The next step is for the OPG or Court of Protection to contact you within five (5) days of receiving the objection. They will confirm what steps you would need to take afterward.

How to Object to the Registration of a Power of Attorney in the United Kingdom