Can a Lasting Power of Attorney Be Overruled?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint trusted individuals—known as Attorneys—to act on your behalf during your lifetime. LPAs are an essential part of future planning, especially as we age or face health concerns.

Types of Lasting Power of Attorney

There are two types of LPAs in England and Wales:

1. Property and Financial Affairs LPA

Under the Property & Financial Affairs LPA, your Attorney(s) will be able to make decisions regarding your property and your money including assisting with things like:

• Paying bills
• Managing bank accounts
• Selling property

This LPA can be used as soon as it is registered, with your permission, or if you lose mental capacity.

2. Health and Welfare LPA

Under the Health & Welfare LPA, your Attorney(s) will be able to make decisions regarding personal welfare and medical care. This gives your Attorney(s) the power to make decisions about things such as:

• Medical treatment
• Daily care
• Living arrangements

It should be noted that the Health & Welfare LPA can only be used if you are deemed to no longer have mental capacity to make such decisions yourself.

Read more about what LPAs are and why you should have them here.

Can a Lasting Power of Attorney Be Challenged?

In short, yes, an LPA can be challenged and even overruled in certain circumstances.

Whilst your Attorneys have a duty to act in your best interests, on occasion, they have been found not to do so.

This is why we always advise it is very important to consider the appointment of your Attorney(s) carefully as the LPA provides them with wide powers to make decisions on your behalf.

Attorneys may abuse the document to make large or inappropriate gifts or use your funds for personal gain.

What to Do If You Suspect Abuse of an LPA

If someone believes that an Attorney is not acting in the best interests of the Donor and /or abusing their position, then they have three options to report this:

1. Report to the Office of the Public Guardian (OPG)

The OPG monitors Attorneys and investigates complaints. They may ask the Attorney to take certain actions and then oversee these or refer the matter to the Court of Protection

2. Court of Protection

If the situation is serious or the OPG cannot resolve the issue, the matter can be referred to the Court of Protection who oversee matters for vulnerable individuals. This court can remove an Attorney, cancel the LPA, and even appoint a Deputy to act on the Donor’s behalf.

3. Involving the Police

If there is evidence of financial abuse or criminal behaviour, the matter can be reported to the police.

How to Prevent Problems with an LPA

While LPAs are incredibly useful, it is essential to take care when setting one up:

• Choose Attorneys wisely – Select someone trustworthy and capable.
• Consider appointing more than one Attorney which may provide a system of checks and balances.
• Review your LPA regularly – Circumstances and relationships can change, so it is wise to keep your arrangements up to date.

Need Help Setting Up or Reviewing an LPA?

At Hegarty, our Wills, Trusts and probate team are experts in Lasting Powers of Attorneys. We help individuals and families ensure their legal documents are properly drafted giving you peace of mind for your future.

Whether you are looking to create an LPA or are concerned about an existing one our experienced solicitors are here to guide you with clarity and care.

Contact us today to schedule an appointment and ensure your future plans are in safe hands.