How to object to an LPA registration
Guidance from Estate Advisory Group
The four-week waiting period exists so that objections can be made. Here is who can object and on what basis.
Who can object
- Anyone named in section 6 as a person to notify.
- The donor themselves.
- An attorney or replacement attorney named in the LPA.
- Anyone else with a genuine concern can raise it with the OPG, though the formal route is narrower.
Two kinds of ground
| Type | Examples | Where it goes |
|---|---|---|
| Factual grounds | The donor or an attorney has died; a married attorney has divorced the donor; an attorney is bankrupt or lacks capacity | Office of the Public Guardian, form LPA007 |
| Prescribed grounds | The LPA is not legally valid; fraud or undue pressure; the attorney is unsuitable or acting beyond their authority | Court of Protection, form COP7, plus notice to the OPG on LPA008 |
The deadline
Three weeks from the notice
An objection must normally reach the OPG within three weeks of the date on the notice you received. Late objections can still be considered, but registration may already have happened — after which the route is an application to remove the attorney.
Common questions
Does objecting stop registration?
A valid factual objection can. A prescribed-ground objection requires a Court of Protection application, and the OPG will hold registration while it is decided.
Is there a fee?
OPG objections are free. A Court of Protection application carries a court fee.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group