LPA

Objecting to the registration of a Lasting Power of Attorney (LPA)

A number of people are entitled to object to the registration of an LPA – not least ‘people to notify’.

Without registration, an LPA can not be used. There is a prescribed process for certain persons to object to the registration of an LPA. This is to provide a ‘safety net’ against improper registration.

An LPA will allow the person making the appointment (the ‘donor’) a specific opportunity to prompt a possible objection from persons called ‘people to be notified’. That said, others are also entitled to object too if they feel the LPA should not be registered including the donor themselves, and an appointed attorney.

What is a ‘Person to be Notified’?

Section 6 of the current LPA forms provides the opportunity for specified persons to be notified when the LPA is registered. This is to provide a ‘safety net’ against improper registration. They have no role other than that protection at the point of registration.

How does the Donor include Named People?

If you are a Donor, and you would like to include persons to be notified, you will need to include the contact details of your people to be told in the LPA form itself (section 6). You will also need to complete Form LP3.

When do I complete form LP3?

As the Donor, you must complete a form LP3 for each/all persons to be notified, and send those LP3 to each person concerned. You must do so before you register the LPA with the Office of the Public Guardian (OPG).

What is included in form LP3?

You can view an LP3 Form >

The form sets out all of the salient details of the LPA appointments including:-

Who is registering – ie Donor or Attorney
Which type(s) of LPA are being registered
When the LPA was made
Who the appointed Attorneys are
Whether the appointment is joint or joint and several

Do I have to include ‘People to Notify’ in my LPA?

No, you do not have to include people to notify. Indeed, in practice, it seems most people do not. There is (in my view) a strong view that if you feel you need that safety net, then you are perhaps choosing the attorneys!

On what grounds can the Named People object?

The named person(s) can object on either:-

Factual Objections; or
Prescribed Objections

What are Factual Objections to the Registration of an LPA?

The factual objections that can be made are:-

the donor or an attorney has died
the donor and an attorney were married or had a civil partnership but have divorced or ended the civil partnership (unless the LPA says the attorney can still act if that happens)
an attorney doesn’t have the mental capacity to be an attorney (they must be able to understand and make decisions for themselves)
an attorney has chosen to stop acting (known as ‘disclaiming their appointment’)
the donor or an attorney is bankrupt, interim bankrupt or subject to a debt relief order (LPA for financial decisions only)
the attorney is a trust corporation and is wound up or dissolved (LPA for financial decisions only)

How do you raise a Factual Objection?

You can raise a factual objection by completing form LPA007 and sending it to the OPG.

The objection process is there to provide protection against improper registration.

What are the grounds for Prescribed Objections?

The grounds for Prescribed Objections are:-

the LPA isn’t legally valid – for example, you don’t believe the donor had mental capacity to make an LPA
the donor cancelled their LPA when they had mental capacity to do so
there was fraud or the donor was pressured to make the LPA
an attorney is acting above their authority or against the donor’s best interests (or you know that they intend to do this)

How do I raise a Prescribed Objection to an LPA Registration?

To raise a prescribed objection you must complete and lodge forms COP7 and LPA008 with the OPG.

On what grounds can an Attorney Object?

An attorney can object on the same grounds as a person to be notified (see above) ie prescribed or factual grounds. They will complete the same forms as a person to be notified too.

When must an Objection be raised?

Both types of objections (prescribed and factual) must be raised within 3 weeks of receiving the LP3 Notice.

What if there are more than one Attorney?

If there are more than one attorney, and the objection only relates to one, then the remaining attorneys may still be registered/appointed.

Can someone other than an Attorney, Donor, or Nominated Person object to Registration?

Yes. Someone other than a named person can also object. To do so they must complete form COP1 and submitting it to the Court of Protection.

Can the Donor object to Registration of the LPA?

Yes. The donor can object by completing form LPA006 and sending it to the OPG

Are there fees payable when objecting to the Registration of an LPA?

The only court fee due is when someone other than the donor, attorney, or person to be told objects. In this case, there is a court fee payable of £371 (at the time of writing). No court fee is payable if the objection is raised by an attorney, the donor, or a named person.