How Safe Is a Lasting Power of Attorney?
Multiple layers of legal protection make LPAs one of the safest ways to plan ahead — and far safer than having no plan at all.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
A Lasting Power of Attorney is one of the safest legal tools available for planning ahead, backed by multiple layers of protection under the Mental Capacity Act 2005. From the independent certificate provider who checks you understand what you’re signing, to the Office of the Public Guardian (OPG) which oversees every registered LPA, the system is designed to protect donors from abuse and hold attorneys accountable.
At a glance
- LPAs are protected by safeguards at every stage — creation, registration, and use — under the Mental Capacity Act 2005
- The OPG, certificate providers, notification system, and Court of Protection all provide oversight
- Attorneys who misuse their powers may face criminal prosecution and can be removed by the court
- Not having an LPA is the greater risk — without one, your family must apply to the Court of Protection at a cost of £1,000+ and wait months
- This guide applies to LPAs made under the law of England and Wales
Safeguards When Creating an LPA
The protections start before your LPA is even registered. The creation process itself is designed to prevent fraud, coercion, and misunderstanding.
- Mental capacity requirement — you must have the mental capacity to understand what an LPA is and what powers you’re giving away. If there’s any doubt, a medical assessment can be requested.
- Certificate provider — an independent person (a professional or someone who has known you well for at least two years) must confirm that you understand the LPA and are not being pressured into making it. This is a crucial safeguard against coercion.
- Witness signatures — both the donor and each attorney must sign in the presence of a witness. The witness cannot be the attorney themselves, adding another layer of verification.
- Choosing your own attorneys — only you decide who your attorneys will be. No one else can make that choice, and choosing carefully is your strongest line of defence.
Put simply, you cannot accidentally end up with an LPA you did not want. The process requires multiple people to be involved and multiple signatures to be witnessed.
Safeguards During Registration
An LPA only becomes a legal document once it has been registered with the OPG. The registration process adds further checks.
- OPG review — the Office of the Public Guardian checks every LPA application for errors, missing information, and potential concerns before registering it.
- People to notify — you can name up to five people who will be told when your LPA is submitted for registration. These individuals have an opportunity to raise objections — for example, if they believe you were pressured or lacked capacity when signing.
- Objection window — named individuals and certain other parties (such as the donor, attorneys, or the OPG itself) can formally object to the registration. The OPG investigates objections before deciding whether to proceed.
- Registration fee — the £92 fee and formal process ensure the LPA goes through official channels, creating a permanent record.
Key point: Naming people to notify is one of the most effective safeguards available. It gives trusted friends or family a chance to raise concerns before the LPA takes effect — an early warning system built into the process.
Safeguards When an LPA Is in Use
Once an LPA is registered and your attorney begins acting on your behalf, the legal protections continue. Attorneys are bound by strict duties, and there are multiple routes to challenge them if something goes wrong.
- Best interests duty — attorneys must act in the donor’s best interests at all times. This is an enforceable legal obligation, not a guideline.
- Legal duties — attorneys must have regard to the Mental Capacity Act Code of Practice, keep the donor’s money separate from their own, keep records, and avoid conflicts of interest.
- OPG investigations — anyone can report concerns about an attorney to the OPG. They have powers to investigate, demand records, and refer serious cases to the Court of Protection.
- Court of Protection — the court can remove an attorney, revoke an LPA, make specific orders about how the donor’s affairs should be managed, and appoint a deputy as a replacement.
- Criminal penalties — attorneys who steal from or defraud a donor may face criminal prosecution for theft, fraud, or financial abuse.
Banks and financial institutions also play a role. They are trained to spot suspicious transactions on accounts managed under an LPA, and they can raise concerns with the OPG directly.
What You Can Do to Make Your LPA Even Safer
The legal safeguards do a lot of the heavy lifting, but your choices when creating the LPA make a real difference too.
Choose your attorneys carefully
This is the single most important decision. Choose someone you trust completely — someone with good judgement, financial responsibility, and an understanding of your values. See our full guide on how to choose the right attorney.
Appoint more than one attorney
Two or more attorneys provide a natural check on each other. You can appoint them jointly or jointly and severally. Joint appointments mean they must agree on every decision — more protection, less flexibility.
Name replacement attorneys
A replacement attorney steps in if your original attorney can no longer act. Without one, your LPA could fail entirely when you need it most.
Add instructions and preferences
Instructions are legally binding limits on what your attorneys can do — for example, requiring them to keep your home unless a doctor confirms you cannot return. Preferences guide their decisions without being mandatory. Both reduce the room for error. See our guide on how to add preferences and instructions.
Name people to be notified
List up to five trusted people who will be told when your LPA is registered. They act as an early warning system, with the right to raise formal objections.
Restrict when the LPA can be used
For a Property and Financial Affairs LPA, you can specify that it should only be used once you lack mental capacity. This prevents your attorney from acting while you can still manage your own affairs.
What Happens If Something Goes Wrong
If an attorney does misuse their powers, the system has teeth. Anyone — a family member, carer, bank, neighbour — can report concerns to the OPG. You do not need to be directly involved or have evidence; a genuine concern is enough to trigger a review.
The OPG will investigate and, where warranted, refer the case to the Court of Protection. The court has power to:
- Remove the attorney and appoint a replacement or court-appointed deputy
- Order the attorney to repay money they have taken or misspent
- Revoke the LPA entirely if it was obtained through fraud or undue pressure
- Refer the matter for criminal prosecution — theft, fraud, and financial abuse are all criminal offences
Depending on the circumstances, an attorney convicted of abusing their position may face a prison sentence, a fine, or a community order. They can also be permanently barred from acting as an attorney. For the full picture, see our guide on what happens if an LPA is misused.
Why Not Having an LPA Is the Bigger Risk
People often ask whether an LPA is safe without considering the alternative. Without an LPA, if you lose mental capacity, your family has no legal authority to manage your finances, sell your property, or make decisions about your care. Being married or a close relative makes no difference.
In that situation, your family would need to apply to the Court of Protection for a deputyship order. That means over £1,000 in court and legal fees, a wait of four to six months or longer, and a deputy chosen by the court rather than by you. In the meantime, bills go unpaid, accounts are frozen, and critical decisions are delayed.
Here is how the two situations compare.
| Factor | With an LPA | Without an LPA |
|---|---|---|
| Who acts for you | Someone you chose and trust | Whoever the court appoints |
| Cost | £92 per LPA to register | £1,000+ for deputyship, plus ongoing supervision fees |
| Speed | Ready to use once registered (8–10 weeks) | 4–6 months or longer for a court order |
| Your control | You choose who, when, and how they act | No say — the decision was already too late |
| Oversight | OPG oversight, with Court of Protection as backstop | Stricter court supervision, but at much greater cost |
You Can Revoke Your LPA at Any Time
One point that reassures many people is that an LPA is not permanent. As long as you have mental capacity, you can revoke your LPA at any time. You do not need your attorney’s permission, and you do not need to give a reason.
The process involves completing a short deed of revocation and sending it to the OPG. If your circumstances change — perhaps your relationship with your attorney deteriorates, or they develop health problems of their own — you can revoke the existing LPA and create a new one with different attorneys.
You can also change your mind about an LPA before it is registered, withdrawing the application with no fee penalty. Creating an LPA does not lock you in.
Key point: While you have mental capacity, you keep full control. You can manage your own affairs, override your attorney, or cancel the LPA entirely. It only operates independently when you can no longer decide for yourself.
Whatever your circumstances, our guided LPA service helps you create the right documents. See pricing for details.
Key Takeaways
- LPAs have safeguards at every stage — from the certificate provider at creation, to OPG oversight during registration, to the Court of Protection as an ongoing backstop.
- Attorneys face serious consequences for abuse — they can be removed, ordered to repay money, and may face criminal prosecution for theft or fraud.
- Your choices reduce risk further — appointing multiple attorneys, adding instructions, and naming people to notify all add layers of protection beyond what the law provides by default.
- Not having an LPA is the bigger danger — without one, your family has no legal authority and must apply to the Court of Protection at a cost of £1,000+, with months of delay.
- You can revoke at any time — as long as you have mental capacity, you can cancel your LPA and create a new one with different attorneys.
Common Questions About LPA Safety
Can someone misuse a Lasting Power of Attorney?
Misuse is possible but illegal. Attorneys must act in the donor’s best interests under the Mental Capacity Act 2005. If they don’t, the Office of the Public Guardian can investigate, and the Court of Protection can remove them and order them to repay any money. Choosing trustworthy attorneys and appointing more than one reduces the risk significantly.
What safeguards does an LPA have?
An LPA has multiple safeguards: a certificate provider must confirm the donor understands the document and is not being pressured, up to five people can be notified when the LPA is registered, the Office of the Public Guardian oversees all registered LPAs, and the Court of Protection can intervene if concerns are raised. Attorneys who abuse their powers face criminal prosecution.
Is it safer to have an LPA or not have one?
Having an LPA is far safer than not having one. Without an LPA, if you lose mental capacity, your family has no legal authority to manage your affairs. They would need to apply to the Court of Protection for deputyship, which costs over £1,000, takes months, and puts a court-appointed deputy in charge rather than someone you chose.
Can I cancel my LPA if I no longer trust my attorney?
Yes. As long as you have mental capacity, you can revoke your LPA at any time by completing a deed of revocation and notifying the Office of the Public Guardian. You do not need anyone’s permission, and you can create a new LPA with different attorneys afterwards.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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