There are two kinds of lasting powers of attorney: financial and property affairs and health and welfare. Over six million powers of attorney have been registered in the UK as more people realise how important and useful they can be, but can they be overridden if concerns arise?
Power of attorney online
The process for creating a lasting power of attorney, LPA, has been streamlined. You will find information about how to create an LPA online at sites such as Power Of Attorney Online.
A power of attorney can be overridden if concerns arise. This may be because of anxiety about fraud, the capacity of the donor, the exercise of undue influence, or one of the attorneys acting in a manner prejudicial to the donor’s interests.
The following can override a power of attorney:
The donor
If the donor still has mental capacity, they can make the decision that they do not wish to continue with the power of attorney; for example, they may have reached the conclusion that the power was created under duress or in a fraudulent manner.
Remember that you should contact the Office of the Public Guardian if you have concerns about a registered lasting power of attorney.
An attorney or any other person who is to be notified
Once an individual makes an LPA, they can create a list of people they wish the Office of the Public Guardian to make aware of the document. Those listed will receive official notification that the donor is preparing to register the LPA and who the attorneys are. At this point, they can register an objection and request it be revoked.
Family members
Family members who have concerns can issue a challenge to the LPA; however, if they are not on the list of people to be notified by the OPG, it may be some time before they are aware that the donor has created an LPA.
Local authority
If social services has concerns that any attorney is not acting in the donor’s best interests, it can take action.