Can a LPA, General or Enduring Power of Attorney be Challenged? Specialist Solicitors
Yes — under UK law, it is possible to contest a Power of Attorney (POA), especially if you believe the attorney is not acting in the donor’s best interests or that the POA was granted under questionable circumstances. Challenging a General, Enduring or Lasting Power of Attorney can protect vulnerable individuals and ensure decisions about their finances, health, or welfare are made properly and legally.
In this guide, we explain when and how a Power of Attorney can be contested, who can intervene, and what to do if you’re worried about misuse or family conflict.
Worried about contesting a Lasting Power of Attorney? Call our Dispute Resolution team on FREEPHONE 0800 1404544, or one of our four local office numbers for FREE initial phone advice.
How to Challenge a Power of Attorney
If you believe a Power of Attorney is invalid, being misused, or is no longer appropriate, you can challenge it through the following steps:
- Raise your concerns directly with the attorney or attorneys if appropriate.
- Contact the Office of the Public Guardian (OPG) to report concerns of misuse or abuse.
- Apply to the Court of Protection to suspend, revoke, or vary the POA if needed.
- Seek independent legal advice to assess your position and avoid procedural missteps.
Challenging a POA is a serious legal matter. The process will depend on the nature of your concerns — for example, whether they relate to how the attorney is acting now, or how the POA was originally created.
Who Can Override a Power of Attorney?
Only specific people or bodies can override or revoke a valid General, Enduring or Lasting Power of Attorney :
- The Donor (the person making the POA) – as long as they have mental capacity, they can revoke or amend a Power of Attorney at any time.
- The Court of Protection – can override or cancel a POA if the donor lacks capacity and there are concerns about how the attorney is acting.
- The Office of the Public Guardian (OPG) – investigates allegations of misconduct and can refer cases to the Court.
- Another Attorney – in some cases involving joint attorneys, one may challenge the actions of another in court.
Can Social Services Override a Power of Attorney?
Social Services cannot override a Power of Attorney by default, but they can intervene if they believe:
- The donor is at risk of harm or abuse
- The attorney is not acting in the donor’s best interests
- Safeguarding concerns exist
They can refer the matter to the Office of the Public Guardian or apply to the Court of Protection. Social workers often play a key role in triggering investigations into attorney misconduct.
Can a POA Be Changed Without Consent?
A valid General, Enduring or Lasting Power of Attorney cannot be changed without the donor’s consent — and only while the donor has mental capacity. If the donor has lost capacity, the POA terms are fixed unless:
- A court intervenes to make changes
- The attorney(s) resign
- The POA is revoked due to abuse or procedural issues
Anyone else — including attorneys or family members — cannot unilaterally change the POA once it’s registered.
Legal Grounds for Challenging the Validity of a Power of Attorney
You may be able to contest a POA on one or more of the following legal grounds:
- Lack of capacity: If the donor lacked mental capacity at the time of signing.
- Undue influence or coercion: If the donor was pressured into creating the POA.
- Forgery or fraud: If the document is forged or fraudulently obtained.
- Failure to follow legal formalities: If the POA was not properly executed or registered.
- Attorney misconduct: If the attorney is misusing their power or not acting in the donor’s best interests.
A solicitor can help assess which ground(s) may apply in your case.
How to Resolve Family Disputes Over a Power of Attorney
Disputes over POAs are unfortunately common — especially among family members where concerns over finances, care decisions, or fairness arise.
Options for resolving disputes include:
- Mediation – A non-court route that allows families to reach agreement with an impartial mediator.
- Solicitor negotiation – Your lawyer can communicate with other parties to clarify misunderstandings or negotiate changes.
- Court applications – If agreement can’t be reached, the Court of Protection can intervene and make binding decisions.
It’s best to seek legal advice early to avoid escalation from specialist solicitors and protect the donor’s welfare.
Is It Too Late to Contest the Power of Attorney? Time Limits and Advice
There is no formal statutory time limit for contesting a POA in England and Wales, but:
- The longer you wait, the harder it may be to obtain evidence.
- Delays can allow more harm to occur.
- If the donor dies, the POA ends — but legal action may still be possible against the attorney for actions taken while it was active.
Act quickly if you have concerns. The Court of Protection and OPG can take urgent action in serious cases.
What Are Common Signs of POA Abuse?
Spotting the abuse of either a EPA, LPA or GPA early on is vital. Warning signs include:
- Unexplained changes to the donor’s finances
- The donor becoming isolated from friends or family
- The attorney refusing to share information
- Sudden changes to a Will or property ownership
- Large cash withdrawals or asset sales
- The donor appearing fearful, confused, or distressed
If you notice these signs, consult a solicitor immediately or report your concerns to the OPG.
What Happens When Joint Attorneys Disagree?
If joint attorneys must act together (known as acting jointly), they must agree on every decision. If they cannot, the POA may become unworkable and require court intervention.
If they are appointed jointly and severally, they can act independently — but disagreements can still cause problems, especially over major financial or care decisions.
In such cases, you may need to:
- Mediate between attorneys
- Apply to the Court of Protection to clarify authority
- Consider removing one or more attorneys through legal action
Need Help Contesting a Power of Attorney?
Whether you’re facing a challenge to a Lasting, Enduring or General Power of Attorney, these kind of disputes can be emotionally charged, legally complex, and time-sensitive. Our team offer specialist advice on:
- Investigating POA misuse
- Challenging a POA in court
- Representing attorneys or family members
- Applying to the Court of Protection
- Defending against allegations of POA abuse
FAQs
What grounds can you contest Power of Attorney?
A Lasting Power of Attorney (LPA) can be contested on the grounds that the donor lacked mental capacity when signing the document, was subject to undue influence or coercion, or if the document was improperly executed, fraudulent, or forged. A challenge based on an Attorney’s subsequent misconduct or unsuitability is also possible, which may lead to their removal by the Court of Protection
Can you challenge someone who has Power of Attorney?
Yes, you can challenge an Attorney’s conduct or the validity of the LPA itself. If you suspect an Attorney is acting improperly or against the donor’s best interests, you should report your concerns to the Office of the Public Guardian (OPG). For a formal challenge to the LPA’s validity or to remove an Attorney, an application must be made to the Court of Protection.
Can Power of Attorney be overruled?
A Lasting Power of Attorney can be overruled only by the Court of Protection. The Court holds the ultimate authority to investigate concerns, remove an Attorney for misconduct, or revoke the entire LPA if it is found to be invalid due to issues such as lack of capacity or fraud at the time of its creation. The donor themselves can also overrule the Attorney’s actions while they still have capacity.
Can a family member revoke a POA?
No, a family member cannot unilaterally revoke a Power of Attorney (POA). The only person who can revoke an LPA is the donor (the person who made it), provided they still have the mental capacity to do so. A family member’s role is to challenge the LPA or the Attorney’s conduct through the OPG or the Court of Protection.
Who has more rights, next of kin or Power of Attorney?
The Attorney appointed under a registered Lasting Power of Attorney has significantly more legal rights and authority than the next of kin. In the UK, the term “next of kin” has no legal status for making decisions about a person’s finances or welfare. The Attorney’s powers are legally binding under the Mental Capacity Act 2005.
Which of the following would invalidate a LPA?
The most critical factors that would invalidate a Lasting Power of Attorney (LPA) are: lack of mental capacity of the donor at the time of signing, undue influence or coercion, fraud or forgery of the document, or improper execution (failure to follow legal signing and witnessing formalities).
Why would a power of attorney be revoked?
A Lasting Power of Attorney would be revoked if the donor decides to cancel it while they still have capacity, or if the Court of Protection orders a revocation due to invalidity or Attorney misconduct. It is also automatically revoked upon the death of the donor, the death of a sole Attorney, or upon the divorce or dissolution of the relationship between the donor and Attorney (unless the LPA states otherwise).
