Undue pressure and LPAs
Guidance from Estate Advisory Group
An LPA is only valid if the donor freely chose to make it. Pressure, not persuasion, is what invalidates it.
Where the line falls
| Acceptable | Not acceptable |
|---|---|
| Raising the subject and explaining why it matters | Threatening to withdraw care or contact |
| Helping gather names and dates | Choosing the attorneys for the donor |
| Booking the appointments | Sitting in on the certificate provider's private conversation |
| Paying the fee | Presenting a pre-filled form for signature without explanation |
The certificate provider's job
The certificate provider must speak to the donor without the attorneys present and confirm the donor understands the LPA and is not under pressure. If the attorneys will not leave the room, that is itself a reason to stop.
If you suspect pressure
- If registration has not happened, object on prescribed grounds — see objecting to registration.
- If it has, apply to the Court of Protection to revoke it.
- Report to the OPG and to adult safeguarding.
- Record what you saw and heard at the time; contemporaneous notes carry weight.
Common questions
Can a solicitor-made LPA be challenged for pressure?
Yes, but a professional's file notes usually make it much harder.
Does the donor have to remember signing it?
They must have understood it at the time of signing. Later memory loss does not invalidate a valid LPA.
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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