Lasting power of attorney

Contents

1. How to object to registration - Lasting power of attorney 2. Grounds for objection 2.1. To object to the Public Guardian 2.2. To object to the Court of Protection 3. What documents do you need? 3.1. The Office of the Public Guardian 3.1.1. Donors 3.1.2. Named persons or attorneys 3.1.3. You are not a named person, attorney or donor 3.2. Court of Protection 3.2.1. Donors 3.2.2. Named persons or attorneys 3.2.3. Not a named person, donor or attorneys 4. Contacts 4.1. Public Guardian 4.2. Court of Protection

How you object to the registration of a lasting power of attorney (LPA) will depend on who you are, the grounds of your objection and the forum you’re objecting to. There are two different bodies that you can object to - The Office of the Public Guardian (OPG) and the Court of Protection. Both of these bodies have a set of prescribed grounds which you must use when objecting and these are described below.

For more information, see our ‘Lasting power of attorney’ section.

You can only object to the Office of the Public Guardian on certain factual grounds. These grounds are the following:

1. The person who granted the power of attorney (known as the donor) is bankrupt or interim bankrupt (for property and affairs LPAs only).

2. The person who has been given the power of attorney over the donor (known as the attorney) is bankrupt or interim bankrupt (for property and affairs LPAs only).

3. The attorney is a trust corporation and is wound up or dissolved (for property and affairs LPAs only).

4. The donor is dead.

5. The attorney is dead.

6. There has been a dissolution or annulment of a marriage or civil partnership between the donor and attorney (unless the LPA stated that this eventuality would not affect the LPA).

7. The attorney/s lack the capacity to be an attorney under the LPA.

8. The attorney/s have disclaimed their appointment (i.e. no longer wish to be an attorney).

You can only object to the Court of Protection using one or more of the following grounds:

1. The power created by the LPA is not a valid LPA power, e.g. you do not believe the donor has the 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 he/she had 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 his or her authority or would not be in the donor's best interests.

Which documents you need to use to object to the registration of an LPA will depend on who you are and whether you are objecting to the Court of Protection or the Public Guardian.

If you are the donor (i.e. the person who has drawn up the LPA) and you do not want registration of your LPA to proceed, you will need to use 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 Court of Protection to have the registration proceed and they agree to this).

If you are a named person, that is a person named in the LPA as requiring notice before registration can proceed, or an attorney named in that LPA, you can object using form LPA 7. There is no fee payable to make this objection.

There are no grounds on which you can object to the registration to the OPG; however, you might be able to object to the Court of Protection.

You should apply to the OPG, using the form LPA 6. The OPG will refer you to the Court of Protection.

If objecting to the Court of Protection and you are a named person or an attorney, 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.

At the same time as lodging COP 7 with the Court of Protection you will also have to notify the OPG of your application with form LPA 8. If you do not notify the OPG, there is a risk that the LPA may be registered.

If this is the case, and no one else has begun proceedings, you will need to use the form COP1, which you can download using the link below under 'Court of Protection'. 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 Court of Protection with form LPA 8 to ensure that the LPA is not registered. If proceedings have already begun in the Court of Protection, you should object by using form COP 9 (which you can download using the link below under 'Court of Protection').

Office of the Public Guardian

PO Box 15118

Birmingham

B16 6GX

Telephone: 0300 456 0300 Phone lines are open Monday - Friday 9am - 5pm (Except Wednesday 10am - 5pm)

Textphone: 020 7664 7755 (If you have speech or hearing difficulties and have access to a textphone)

Fax: 0870 739 5780

International Calls: +44 20 7664 7000

International Faxes: +44 7664 7551

Website: Public Guardian

Email: customerservices@publicguardian.gsi.gov.uk

Court of Protection

Archway Tower

2 Junction Road

London N19 5SZ

Phone Number: 0845 330 2900

Fax Number: 020 7664 7705

Website:

Website: Court of Protection

You can download helpful resources from HM Court services (Select 'Court of Protection' from the drop down menu under 'Work Type' for a list of their forms/guidance booklets.)

You can also contact the Office of the Public Guardian which will refer you on to the Court of Protection.