Can a Power of Attorney be Overridden?

Millions of people in the UK now arrange a Lasting Power of Attorney, or LPA, appointing trusted individuals to make decisions about their finances, property or health if they become unable to do so themselves. While these legal documents provide reassurance, they are not beyond challenge.

The rise in LPAs

The increase in the number of LPAs has been driven by increased awareness, legislative reform and a simplified application process. This is due at least in part to the ease of applying online, through the services of a specialist site like https://powerofattorneyonline.co.uk/. However, the rules governing the legitimacy of an LPA remain the same.

Challenging an LPA

A UK power of attorney can be overridden in certain circumstances, but only on proper legal grounds. Most commonly, concerns arise if the donor – the person who grants the authority – did not have the required mental capacity at the time of creation or if there is evidence that the LPA was made under duress, fraud or undue influence. Equally, an attorney acting irresponsibly or against the donor’s best interests can be removed following an investigation.

Who can challenge?

Challenges can be made by the donors themselves, if they retain or regain capacity, by family members, by those formally nominated to be notified during registration, or by local authorities such as social services, should safeguarding issues arise.

Who decides?

The Office of the Public Guardian and, in more complex cases, the Court of Protection decide whether an objection has merit. Remedies range from revoking an attorney’s powers to cancelling the LPA entirely.