Concerns about Lasting Power of Attorney often arise. Laura Richardson’s latest article provides some guidance for how such concerns can be effectively dealt with.

I am worried about the decisions being made via my mother’s Lasting Power of Attorney! How can I
report my concerns?

A Lasting Power of Attorney (LPA) is a legal document which allows someone (a donor) to hand over
important decisions regarding either their health and welfare, or their property and finances to a
trusted person of their choosing, referred to as an Attorney.

Under a Health and Welfare LPA the appointed Attorney can make decisions regarding day to day
care and routines, medical treatments, life-sustaining treatments and even whether the donor
should be moved to a care home. This type of LPA is activated when the donor becomes incapable of
making their own decisions.

Under a Property and Financial LPA the appointed Attorney makes decisions regarding managing the
donor’s money and property, collecting benefits and pensions, and also paying bills. This type of LPA
can be activated instantly with the donor’s permission, and the Attorney can either assist in the
decision-making, or make the decisions entirely, dependent upon the donor’s instructions.

Objecting to the registration of an LPA:

There are many reasons that you may wish to object to an LPA being registered. If any of the
following apply you can make your objection to the Office of the Public Guardian, via
www.gov.uk/object-registration, however it is advisable to obtain legal advice from a Specialist firm
such as Andrew Douglas Wills and Legal Services before officially lodging a complaint.
1. The LPA isn’t accurate.
2. The LPA has been fraudulently registered.
3. The donor was pressured into registering an LPA.
4. The donor didn’t have the mental capacity to make an LPA.
5. The Attorney is not acting in the best interests of the donor.

With regard to their registration, concerns about Lasting Power of Attorney must be made within 3 weeks of being notified of that registration in order to be considered.

Objecting to an existing LPA:

Another reason that you may wish to object to an LPA is that you feel that the Attorney is not acting
in the best interests of the donor, or is putting the donor at risk personally or financially. Urgent
allegations of physical or mental abuse should be directed to the appropriate authorities via
contacting 999. However, other objections can be directed to the Office of the Public Guardian to
investigate. Objecting to an LPA is a serious allegation and therefore it is highly advisable to seek
professional advice from an appropriately experienced Solicitor. At Andrew Douglas Wills and Legal
Services, we specialise in this area of the Law and therefore can offer comprehensive and relevant
advice regarding your concerns. If you would like to discuss your concerns and how to proceed,
contact Andrew Douglas Wills and Legal Services today to arrange your free initial consultation.

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