Object to the registration of a power of attorney

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1. Lasting power of attorney

You can object to the registration of a lasting power of attorney (LPA).

You must tell the Office of the Public Guardian (OPG).

You may also have to tell the Court of Protection.

How you object depends on who you are and why you’re objecting.

This guide is also available in Welsh (Cymraeg).

Object if you’re the donor

Fill in the objection form (LPA006) and send it to OPG. The address is on the form.

Object if you’re an attorney or ‘person to be told’

You’ll receive a letter from the donor or one of their attorneys telling you they want to register the LPA. You can make a ‘factual objection’ or an objection on ‘prescribed grounds’.

Factual objections

You can object if:

  • the donor or an attorney has died
  • the donor and an attorney were married or had a civil partnership but have divorced or ended the civil partnership
  • an attorney does not have the mental capacity to be an attorney
  • an attorney has chosen to stop acting (sometimes called ‘disclaiming their appointment’)
  • the donor or an attorney are bankrupt, interim bankrupt or subject to a Debt Relief Order (property and financial affairs attorneys only)

Fill in the objection form (LPA007) and send it to OPG. The address is on the form.

You must object within 3 weeks of being told about the registration.

Prescribed objections

You can object to the registration if you think:

  • the LPA is not legally correct
  • you do not believe the donor had mental capacity to make a LPA
  • the donor cancelled their LPA when they regained capacity
  • there was fraud, for example, someone faked the donor’s signature
  • the donor was pressured to make a LPA
  • an attorney is acting against the donor’s best interests

You’ll need to be able to provide evidence to support any of these objections.

Fill in the:

It does not cost anything to object if you’re an attorney or person to be told.

Make an objection if you’re not an attorney or ‘person to be told’

Fill in the objection form (COP1), copy it and send both the original and the copy to the Court of Protection.

Send a cheque for £408 made payable to ‘HM Courts and Tribunals Service’ with your forms.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Get a reduction or exemption of the fee

You may not have to pay the fees if you’re on means-tested benefits or a low income.

Download the form (COP44A) to check your eligibility and apply.

What happens next

After you’ve sent the forms and any fees, you’ll be contacted by OPG or the Court of Protection. They’ll tell you if:

  • they’re going to stop the registration
  • there’s going to be a hearing to discuss your objection

2. Enduring power of attorney

You can object to the registration of an enduring power of attorney (EPA).

There are 2 ways to object - the one you use depends on whether you’ve received an official letter telling you someone wants to register the EPA.

Object if you’ve received an official letter

The donor and some of their relatives will receive a letter telling them that an attorney intends to register an EPA.

If you’re one of these people, you can object to the registration if you believe that:

  • the EPA is not legally correct, for example, it was not properly signed and witnessed
  • the donor did not have mental capacity when the EPA was made
  • the donor cancelled their EPA when they still had capacity
  • there was fraud, for example, the donor’s signature on the EPA was faked
  • the donor was pressured to make an EPA
  • the donor still has capacity so the EPA should not be registered yet
  • an attorney is acting above their authority or against the donor’s best interests

Fill in and send:

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

You must object within 5 weeks of receiving the letter telling you about the registration.

Object if you did not receive an official letter

You can object if you do not think the EPA should be registered.

Fill in and send an application form (COP1) to the Court of Protection.

Include a cheque for £408 made payable to the ‘HM Courts & Tribunals Service’.

You must also write to OPG to tell them why you’re objecting to the registration.

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

Get a reduction or exemption of the fee

You may not have to pay the fees if you’re on means-tested benefits or a low income.

Apply for a reduction or exemption if you’re eligible.

What happens next

You’ll be contacted by OPG or the Court of Protection within 5 days of them receiving your objection. They’ll advise on what steps you need to take next.