Challenging a Lasting Power of Attorney: When and How to Contest an LPA

Contesting a Lasting Power of Attorney (LPA)

Lasting Powers of Attorney (LPAs) are powerful legal tools that allow someone to act on another person’s behalf if they lose mental capacity. But what happens if you believe the person appointed as attorney is abusing that power – or was never validly appointed in the first place?

Contesting an LPA can be difficult, but it’s sometimes necessary to protect a vulnerable person. At OLS Solicitors, we advise families across England and Wales on how to challenge LPAs fairly and effectively.

Why Would You Challenge an LPA?

There are several common reasons people seek to contest a Lasting Power of Attorney:

• ⚠️ Lack of mental capacity: You may believe the person who made the LPA (the “donor”) did not have the mental capacity to fully understand what they were signing.
• ⚠️ Undue influence or coercion: If the donor was pressured, manipulated or intimidated into appointing someone as their attorney, the LPA could be legally invalid.
• ⚠️ Fraud or forgery: You may suspect the donor’s signature was forged or the forms were completed fraudulently.
• ⚠️ Attorney misconduct: Even if the LPA was valid, you can apply to remove an attorney who is:
  • Abusing their position
  • Mismanaging finances
  • Not acting in the donor’s best interests
  • Failing to consult with other family members

Who Can Contest an LPA?

Anyone with a genuine interest in the donor’s welfare – typically a close relative, friend, or professional advisor – can raise concerns. You don’t need to be named in the LPA or a beneficiary of the estate.

How Do You Challenge an LPA?

There are different routes depending on the stage and reason for the challenge:

• ✅ Before registration: If the LPA has been created but not yet registered, you can file an objection with the Office of the Public Guardian (OPG) using form LPA007. You must act quickly – usually within three weeks of receiving notice of intention to register.
• ✅ After registration: If the LPA is already registered and you believe the attorney is acting improperly, you can:
  • Report concerns to the OPG, who may investigate
  • Apply to the Court of Protection to:
    • Revoke the LPA
    • Remove or replace the attorney(s)
    • Appoint a deputy instead

What Evidence Will You Need?

To succeed in challenging an LPA, you’ll usually need strong supporting evidence, such as:

• Medical records (showing lack of capacity)
• Witness statements (from family, carers, or professionals)
• Financial records (showing misuse of funds)
• Emails or texts (proving undue pressure or manipulation)

The court will weigh this carefully – the burden of proof is on the person making the challenge.

What Does It Cost to Contest an LPA?

Contesting an LPA through the Court of Protection involves:

• Application fee – currently £371
• Hearing fee (if required) – £494
• Legal costs – These vary significantly depending on complexity and whether the matter is resolved before a full hearing. Expect solicitor fees from £2,000 to £10,000+, though some cases may be covered by the donor’s estate if successful.

In some cases, the court may order the losing party to pay costs – especially if there’s evidence of bad faith or vexatious claims.

When Should You Seek Legal Advice?

Contesting an LPA is emotionally and legally complex. If you have genuine concerns about an attorney’s conduct – or the validity of the LPA itself – it’s crucial to get early, expert advice.

At OLS Solicitors, our dispute resolution team can:

• Review the LPA and supporting evidence
• Advise on your legal position
• Represent you in objections to the OPG or court proceedings
• Help protect the best interests of your loved one

Talk to Our Specialist Team

📞 Call us: 01554 756952
📧 Email: [email protected]
🌐 Website: www.ols-solicitors.co.uk

👉 Contact our will writing team today