1. Lasting power of attorney
You can object to the registration of a lasting power of attorney (LPA).
You must tell the Office of the Public Guardian (OPG).
You may also have to tell the Court of Protection.
How you object depends on who you are and why you’re objecting.
Object if you’re the donor
Fill in the objection form (LPA006) and send it to OPG. The address is on the form.
Object if you’re an attorney or ‘person to be told’
You’ll receive a letter from the donor or one of their attorneys telling you they want to register the LPA. You can make a ‘factual objection’ or an objection on ‘prescribed grounds’.
You can object if:
- 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
- an attorney doesn’t have the mental capacity to be an attorney
- an attorney has chosen to stop acting (sometimes called ‘disclaiming their appointment’)
- the donor or an attorney are bankrupt, interim bankrupt or subject to a Debt Relief Order (property and financial affairs attorneys only)
Fill in the objection form (LPA007) and send it to OPG. The address is on the form.
You must object within 3 weeks of being told about the registration.
You can object to the registration if you think:
- the LPA isn’t legally correct
- you don’t believe the donor had mental capacity to make a LPA
- the donor cancelled their LPA when they regained capacity
- there was fraud, eg someone faked the donor’s signature
- the donor was pressured to make a LPA
- an attorney is acting against the donor’s best interests
You’ll need to be able to provide evidence to support any of these objections.
Fill in the:
- notification form (LPA008) and send it to OPG (the address is on the form)
- objection form (COP7), copy it and send both the original and the copy to the Court of Protection (the address is on the form)
It doesn’t cost anything to object if you’re an attorney or person to be told.
Make an objection if you’re not an attorney or ‘person to be told’
Fill in the objection form (COP1), copy it and send both the original and the copy to the Court of Protection.
Send a cheque for £400 made payable to ‘HM Courts and Tribunals Service’ with your forms.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
Get a reduction or exemption of the fee
You may not have to pay the fees if you’re on means-tested benefits or a low income.
Download the form to check your eligibility and apply.
What happens next
After you’ve sent the forms and any fees, you’ll be contacted by OPG or the Court of Protection within 5 days. They’ll tell you if:
- they’re going to stop the registration
- there’s going to be a hearing to discuss your objection