Lasting power of attorney
- 1. How to object to registration
- 2. Grounds for objection
- 3. What documents do you need?
How to object to registration
How you object to the registration of a lasting power of attorney (LPA) will depend on your position in the LPA, the grounds of your objection and the organisation you are objecting to. There are two different bodies that you can object to: the Office of the Public Guardian (OPG) and the Court of Protection (COP). Both of these bodies have a set of prescribed grounds that you must use when objecting.
Grounds for objection
To object to the Public Guardian
You can only object to the OPG on certain factual grounds. These grounds are the following:
1. The donor is dead.
2. An attorney is dead.
3. There has been a dissolution or annulment of a marriage or civil partnership between the donor and attorney (unless the LPA stated that this would not affect the LPA).
4. An attorney lacks the capacity to be an attorney under the LPA.
5. An attorney has disclaimed their appointment (i.e. they no longer wish to be an attorney).
The following grounds for objection also apply, but only in relation to property and financial affairs LPAs:
1. The donor is bankrupt or interim bankrupt.
2. The attorney is bankrupt or interim bankrupt.
3. The attorney is a trust corporation and has been wound up or dissolved.
To object to the Court of Protection
You can only object to the COP using one or more of the following grounds:
1. The power created by the LPA is not a valid LPA power, e.g. you don't believe the donor had the mental capacity to make an LPA
2. The power created by the LPA no longer exists, e.g. the donor revoked it at a time when they had the mental capacity to do so
3. Fraud or undue pressure was used to get the donor to make the power
4. The attorney proposes to behave in a way that would contravene their authority or would not be in the donor's best interests
What documents do you need?
The documents you need to object to the registration of an LPA will depend on your position in the LPA and whether you are objecting to the COP or the OPG.
The Office of the Public Guardian
If you are the donor objecting on any ground to the registration of your LPA, you will need to use the form LPA 6. When the OPG receives this form, they will suspend registration of your LPA until a decision is made (unless your attorney applies to the COP to proceed with the registration and it is agreed upon).
Person to notify (previously; person to be told or named person) or attorney
If you are a 'person to notify' (i.e. a person listed in the LPA as requiring notice before registration can proceed), or an attorney in the LPA, you can object using the form LPA 7. There is no fee payable to make this objection.
If you are not a person to notify, an attorney or the donor, you can't object to the registration to the OPG. However, you might be able to object to the COP.
Court of Protection
You need to apply to the OPG using the form LPA 6. The OPG will refer you to the COP.
Person to notify (also person to be told or named person) or attorney
If you are a person to notify or an attorney objecting to the COP, you will have to use form COP 7 - Objection to the court of protection of an LPA registration. There is no fee payable for this application; however, you will have to pay any costs you incur in the process and, if the court decides that you have acted unreasonably, you could be ordered to pay the costs of the other parties involved as well.
As well as using the form COP 7, you will also have to notify the OPG of your application to the COP by using form LPA 8. If you don't notify the OPG, there is a risk that the LPA may be registered despite your objection.
If you are not a person to notify, attorney or the donor and no one else has begun proceedings, you will need to use the form COP 1. There is a fee if you use this method. In addition, you may need to pay for any costs you incur during proceedings and, if the court considers that you have acted unreasonably, you may need to pay the costs incurred by the other parties as well.
You will also have to notify the OPG of your application to the COP with the form LPA 8 to ensure that the LPA is not registered. If proceedings have already begun in the COP, you can object by using the form COP 9.