LPA Guide
Who Can Override a Power of Attorney?
The donor, the Court of Protection and the Office of the Public Guardian all have the power to override or challenge a Lasting Power of Attorney in certain circumstances.
This guide explains who can challenge an LPA, when they can do so, and what the process involves.
Who Can Override a Power of Attorney?
Here is a clear breakdown of each party and whether they have the power to override an LPA.
The Donor (the person who made the LPA)
Can overrideWhile the donor still has mental capacity, they can revoke the LPA at any time — for any reason.
How: The donor must notify the Office of the Public Guardian and all attorneys in writing. A solicitor can prepare a Deed of Revocation.
The Court of Protection
Can overrideThe Court can revoke an LPA, remove an attorney, or make a specific decision if an attorney is acting improperly, outside their authority, or against the donor's best interests.
How: Any concerned person — including family members, the OPG, or a healthcare professional — can apply to the Court of Protection. Legal advice is strongly recommended.
The Office of the Public Guardian (OPG)
Can overrideThe OPG can investigate complaints about attorneys and can apply to the Court of Protection to revoke an LPA if there is evidence of abuse or misuse.
How: Concerns about an attorney can be reported to the OPG directly. The OPG has powers to investigate and refer matters to the Court of Protection.
Other attorneys (joint attorneys)
Cannot directly overrideWhere attorneys are appointed jointly, all must agree on decisions. One attorney cannot override another — if they cannot agree, the matter may need to go to the Court of Protection.
How: If joint attorneys cannot agree, either can apply to the Court of Protection for a ruling on the specific decision.
Family members
Cannot directly overrideFamily members have no automatic right to override an attorney's decisions, even if they disagree. However, they can raise concerns with the OPG or apply to the Court of Protection.
How: If you believe an attorney is acting improperly, contact the OPG or seek legal advice about applying to the Court of Protection.
Healthcare professionals
Cannot directly overrideHealthcare professionals must follow the decisions of a Health & Welfare attorney, provided those decisions are within the scope of the LPA and in the donor's best interests. However, they can raise concerns with the OPG or Court of Protection.
How: If a healthcare professional believes an attorney is not acting in the donor's best interests, they can refer the matter to the OPG or apply to the Court of Protection.
Warning Signs of LPA Misuse
If you are concerned that an attorney is misusing their powers, look out for these warning signs.
Large or unexplained withdrawals from the donor's bank accounts
The donor's assets being transferred to the attorney's own accounts
The donor being isolated from family and friends
The donor's care needs not being met despite sufficient funds
The attorney making decisions the donor would not have wanted
The attorney refusing to account for how money has been spent
The donor expressing fear or distress about the attorney
Unexplained changes to the donor's will or other documents
If you suspect LPA misuse: Contact the Office of the Public Guardian on 0300 456 0300 or report concerns online at gov.uk. In urgent cases, contact the police. A solicitor can advise on your options and help you make an application to the Court of Protection if necessary.
Frequently Asked Questions
Who can override a Lasting Power of Attorney in the UK?
The main parties who can override or challenge an LPA are: the donor (while they still have capacity), the Court of Protection, and the Office of the Public Guardian. Family members and healthcare professionals cannot directly override an attorney's decisions, but they can raise concerns with the OPG or apply to the Court of Protection.
Can a power of attorney be revoked?
Yes. While the donor still has mental capacity, they can revoke an LPA at any time by notifying the OPG and all attorneys in writing. A solicitor can prepare a Deed of Revocation. Once the donor has lost mental capacity, only the Court of Protection can revoke an LPA.
Can the Court of Protection override a power of attorney?
Yes. The Court of Protection has the power to revoke an LPA, remove an attorney, or make a specific decision if an attorney is acting improperly, outside their authority, or against the donor's best interests. Any concerned person can apply to the Court of Protection.
Can a family member challenge a power of attorney?
Family members cannot directly override an attorney's decisions, but they can raise concerns with the Office of the Public Guardian (OPG) or apply to the Court of Protection. If there is evidence that an attorney is abusing their position or acting against the donor's best interests, the OPG can investigate and refer the matter to the Court.
What happens if an attorney misuses a power of attorney?
Misuse of an LPA is a serious matter. An attorney who misuses their powers can be removed by the Court of Protection, and in serious cases may face criminal prosecution for financial abuse. If you suspect an attorney is misusing an LPA, contact the OPG immediately or seek legal advice.
Can an attorney make gifts under a power of attorney?
An attorney under a Property & Financial Affairs LPA can make gifts on the donor's behalf, but only within strict limits — customary gifts (such as birthday or Christmas presents) of a reasonable value, and charitable donations the donor might have made. Larger gifts require Court of Protection approval. Attorneys who make unauthorised gifts can be removed and prosecuted.
Can a power of attorney be challenged after the donor has died?
Once the donor has died, the LPA ceases to have effect. However, if an attorney misused the LPA during the donor's lifetime, the estate's executors or beneficiaries may be able to bring a civil claim against the attorney for any losses caused.
What is the difference between revoking and challenging an LPA?
Revoking an LPA means cancelling it entirely — this can only be done by the donor (while they have capacity) or the Court of Protection. Challenging an LPA means disputing its validity — for example, arguing it was made under undue influence or when the donor lacked capacity. Both routes involve the OPG and potentially the Court of Protection.
Can I make a new LPA to replace an old one?
Yes. If you still have mental capacity, you can make a new LPA at any time. Making a new LPA does not automatically revoke the old one — you should formally revoke the old LPA at the same time to avoid confusion. A solicitor can advise on the correct process.
Need Advice About a Power of Attorney?
Whether you want to make an LPA, challenge one, or report concerns about an attorney, our team can advise you clearly and without obligation.