Can an LPA Be Challenged?

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed 16 March 2026

An LPA gives an attorney enormous power over someone's finances or healthcare — so what happens when things go wrong? The Mental Capacity Act 2005 and the Court of Protection provide a framework for challenging an LPA that was improperly created or is being misused. Whether you are a donor, an attorney, or a concerned family member, knowing when and how an LPA can be challenged is essential. For a broader overview of your options, see our guide on whether an LPA can be cancelled or changed.

Grounds for Challenging an LPA

An LPA can be challenged on a number of grounds. The most common include:

• Lack of mental capacity — if the donor did not have the mental capacity to understand what they were signing when the LPA was created, the document may be invalid. Under the Mental Capacity Act 2005, the donor must understand the nature and scope of the authority they are granting
• Undue influence or pressure — if someone coerced, manipulated, or pressured the donor into creating the LPA or naming a particular attorney, this constitutes undue influence and can invalidate the document
• Fraud or forgery — if the LPA was created dishonestly, for example by forging the donor's signature or fabricating the certificate provider's statement, it is void
• The LPA was not executed correctly — an LPA must follow strict formalities set out in the Act. If it was not signed, witnessed, or certified properly, the OPG may refuse to register it
• Attorney misconduct — even if the LPA itself is valid, an attorney can be challenged if they are not acting in the donor's best interests, are abusing their position, or are failing to carry out their duties properly

Who Can Challenge or Report Concerns About an LPA?

Anyone who has genuine concerns about an LPA or the behaviour of an attorney can raise them. You do not need to be a family member or have any formal legal standing. Common sources of concern include:

• Family members who suspect the donor was pressured or lacked capacity
• Carers, social workers, or medical professionals who notice signs of financial abuse or neglect
• Banks or financial institutions that detect suspicious transactions
• Neighbours or friends who are worried about the donor's welfare
• Other attorneys named in the same LPA who disagree with a co-attorney's actions

Concerns can be raised with the Office of the Public Guardian (OPG), which has a dedicated safeguarding team, or directly with the Court of Protection.

The Role of the Office of the Public Guardian

The OPG is the body responsible for registering LPAs and supervising attorneys in England and Wales. When a concern is raised, the OPG can:

• Investigate the concern by requesting information from the attorney, the donor, or third parties
• Send a Court of Protection visitor to assess the situation in person
• Require the attorney to provide accounts or records of their decisions
• Refer the case to the Court of Protection if the concern is serious
• Work with local safeguarding authorities if there is a risk of abuse or neglect

The OPG cannot itself revoke an LPA or remove an attorney — only the Court of Protection has that power. However, the OPG plays a crucial role in identifying problems and escalating them to the court when necessary.

Worth knowing: you can raise concerns with the OPG by telephone, post, or through their online safeguarding form. There is no fee for making a report.

The Court of Protection Process

The Court of Protection is the specialist court that deals with decisions about people who lack mental capacity. If a formal challenge to an LPA is made, the court has wide-ranging powers, including:

• Determining whether the LPA is valid
• Deciding whether the donor had capacity when the LPA was created
• Removing an attorney and appointing a replacement or a court-appointed deputy
• Revoking the LPA entirely if it was made improperly
• Giving directions about how the attorney should exercise their powers
• Ordering the attorney to provide accounts or financial records

Court of Protection proceedings can be lengthy and costly. Application fees start at £371, and if legal representation is needed, costs can escalate significantly. However, in cases of genuine abuse or serious concern, the court provides an essential safety net.

In urgent cases — for example, where there is an immediate risk of financial loss — the court can make interim orders to freeze assets or suspend an attorney's powers while the full case is investigated.

Objecting During Registration

It is also possible to challenge an LPA before it is registered. When an LPA is submitted to the OPG for registration, certain people named in the document — including the donor, the attorneys, and any named persons to notify — are informed and given the opportunity to object.

There are two types of objection:

What Happens If a Challenge Succeeds?

If a challenge to an LPA is upheld, the consequences depend on the nature of the problem:

• If the LPA itself is found to be invalid (for example, due to lack of capacity or fraud), the entire document is revoked and has no legal effect
• If a particular attorney is found to have acted improperly, the court may remove that attorney while allowing the LPA to continue with any remaining attorneys or replacement attorneys
• If the LPA is revoked and the donor no longer has capacity, the court may appoint a deputy to manage the donor's affairs instead
• In cases of criminal conduct (such as fraud or theft by an attorney), the matter may be referred to the police

In practice, most challenges are resolved through the OPG's investigation process without the need for full court proceedings. The court is typically a last resort for the most serious cases.

What People Ask About Challenging an LPA

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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