Undue pressure and LPAs
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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.
Worked example
Margaret, 81, lives with her son Colin, who has managed her money informally since her husband died. Colin arranges for a solicitor to visit and prepare a financial LPA naming only himself as attorney. He sits in the room throughout the meeting, answers questions on Margaret's behalf, and tells the solicitor 'she gets confused, I'll explain it to her later.' The solicitor, acting as certificate provider, insists on speaking to Margaret alone. Once Colin leaves the room, Margaret says she was not told what the document does and thought it was 'something to do with the council tax.' The solicitor refuses to certify the LPA and explains to Margaret, separately, what it actually means, including that she could choose her daughter as a joint attorney instead if she wished. Colin's insistence on staying in the room, and his answering for his mother, were themselves warning signs before the private conversation even confirmed the problem.
Evidence that helps a challenge
- The certificate provider's own attendance note of the private conversation.
- Bank statements or phone records showing the donor was cut off from other relatives around the time of signing.
- Witness statements from people who saw the donor's demeanour before and after.
- A GP or social worker's contemporaneous assessment of capacity and wellbeing.
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.
Is persuading a reluctant parent to make an LPA at all a problem?
No. Encouraging someone to plan ahead, even repeatedly, is not undue influence. The line is crossed when the donor's own will is overborne — when they sign because they feel they have no real choice.
What evidence actually helps a court decide?
Contemporaneous notes, the certificate provider's own record of the private conversation, bank or phone records showing isolation, and any witnesses who saw the donor's demeanour before and after signing.
Read next
Where this fits
This page is part of Disputes and safeguards. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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