LPA Problems & Solutions

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 11 April 2026

A Lasting Power of Attorney is designed to give you peace of mind — but life rarely stays the same. Relationships break down, attorneys move abroad, circumstances shift, and sometimes the people you trusted turn out to be the wrong choice. When something goes wrong with an LPA, or when you simply need to make a change, it helps to know exactly where you stand and what your options are.

This guide brings together everything you need to know about LPA problems and how to resolve them. From revoking or replacing an LPA, to challenging one that may have been made under pressure, to reporting an attorney who is acting improperly — we cover it all. We also explain what happens when no LPA exists and the Court of Protection becomes involved, including how deputyship works as an alternative.

Can you change an LPA?

One of the most common questions people have is whether they can update their Lasting Power of Attorney after it has been signed. The short answer is no — once an LPA has been signed by the donor, attorneys, and certificate provider, the document itself cannot be amended. You cannot add a new attorney, remove an existing one, or change the instructions and preferences on a registered LPA. This is a fundamental feature of how LPAs work under the Mental Capacity Act 2005.

If your circumstances have changed and the LPA no longer reflects your wishes, the only option is to revoke (cancel) the existing LPA and create an entirely new one. This means going through the full process again: choosing your attorneys, completing the forms, having a certificate provider confirm your capacity, and paying the £92 OPG registration fee. While this might feel frustrating, it is actually a safeguard. It ensures that no one can quietly alter the terms of your LPA without your knowledge or full involvement.

There are several common reasons people need to replace an LPA. Divorce is one of the most frequent — if your former spouse is named as an attorney on a Property and Financial Affairs LPA, their appointment is automatically revoked when the divorce or dissolution is finalised. But this does not apply to Health and Welfare LPAs, so you may still need to act. Other triggers include a falling out with a named attorney, an attorney developing health problems of their own, or simply deciding that a different person would be a better fit.

It is worth noting that if you named replacement attorneys when creating your original LPA, they will step in automatically if one of your original attorneys can no longer act. This can save you the trouble and cost of creating a new document. It is one of the reasons we always recommend including at least one replacement attorney in every LPA.

For a full breakdown of what can and cannot be changed, see our detailed guides on whether an LPA can be cancelled or changed, how to replace an LPA, and what to do if you have changed your mind.

How to revoke an LPA

Revoking an LPA means cancelling it so that your attorneys no longer have authority to act on your behalf. As the donor, you have the right to revoke your LPA at any time — provided you still have mental capacity to make that decision. The process is different depending on whether the LPA has already been registered with the Office of the Public Guardian.

If your LPA has not yet been registered, revoking it is straightforward. You simply need to destroy the original document and inform your named attorneys that you have cancelled it. There is no formal paperwork required, and you do not need to notify the OPG because they have no record of the document.

If the LPA has been registered, the process is more formal. You must complete a deed of revocation — a written statement confirming that you are revoking the LPA. This deed must be signed and witnessed, though it does not need to be drawn up by a solicitor. Once signed, you must send the original deed of revocation to the OPG, along with the original registered LPA (or a certified copy). You should also notify all named attorneys in writing, as well as any organisations that hold a copy of the LPA, such as your bank or care provider.

It is important to understand that if you have lost mental capacity, you cannot revoke your own LPA. In that situation, the only way an LPA can be revoked is through an application to the Court of Protection. This is why it matters so much to choose the right attorneys and include proper safeguards from the start — once capacity is lost, the donor's ability to make changes is gone.

Our step-by-step guide to revoking an LPA walks you through the entire process, including a template for the deed of revocation and details on who to notify.

Changing your attorneys

There is no way to swap, add, or remove attorneys on an existing LPA. The document is a sealed legal instrument — once it has been signed and witnessed, the attorneys named on it are fixed. If you want different people to act as your attorneys, you need to revoke the current LPA and create a new one from scratch.

People need to change their attorneys for all sorts of reasons. Sometimes the relationship has broken down. Sometimes the attorney has moved overseas and is no longer practically able to act. In some cases, the attorney themselves may have developed health issues or lost their own mental capacity. Whatever the reason, the process is the same: revoke the old LPA, then make a new one with your updated choice of attorneys.

If one of your attorneys dies, becomes bankrupt (for a Property and Financial Affairs LPA), or loses mental capacity, their appointment ends automatically. What happens next depends on how you set up your LPA. If you appointed attorneys to act jointly, the entire LPA may fail when one attorney can no longer serve. If you appointed them jointly and severally, the remaining attorneys can continue to act. And if you named replacement attorneys, they step in to fill the gap without needing a new LPA.

This is one of the strongest arguments for appointing attorneys jointly and severally, and for always naming replacement attorneys. These decisions, made at the time of creating the LPA, can save significant cost and disruption later on. Our guide on how to change your attorneys explains each scenario in detail and helps you understand your options.

Challenging an LPA

A Lasting Power of Attorney can be challenged — both before and after registration. This is an important safeguard built into the system. It means that if something is not right, there are proper legal channels for raising concerns and, if necessary, having the LPA set aside entirely.

During the registration process, there is a formal window during which people named to be notified (known as “persons to notify”) can raise objections with the OPG. Objections at this stage might include concerns that the donor did not have mental capacity when they signed the LPA, that the donor was put under undue pressure or coercion, or that there has been fraud. The OPG will investigate any objection before deciding whether to proceed with registration.

After an LPA has been registered, challenges must go through the Court of Protection. Anyone with a genuine concern can apply to the court — this includes family members, carers, social workers, medical professionals, and the OPG itself. The court has broad powers. It can revoke an LPA, remove an attorney, give directions about how an attorney should act, or make a decision on the donor's behalf.

Common grounds for challenging a registered LPA include evidence that the donor lacked capacity at the time of signing, that the document was executed incorrectly (for example, witnesses were not present), that the donor was coerced or deceived, or that an attorney is acting against the donor's best interests. The court takes these matters seriously, and its primary concern is always the welfare of the donor.

Challenging an LPA can be a difficult and emotionally charged process, particularly when it involves family disagreements. Our guide on whether an LPA can be challenged explains the grounds, the process, and what to expect if you are considering raising a challenge.

Can a doctor override an LPA?

This is a question that comes up frequently, particularly for people with a Health and Welfare LPA. The straightforward answer is that a doctor cannot simply override the decisions made by an attorney acting under a registered LPA. The attorney has legal authority to make health and welfare decisions on behalf of the donor when the donor lacks capacity to make those decisions themselves.

However, the relationship between medical professionals and LPA attorneys is not always simple. Doctors have their own professional and legal duties. If a doctor believes that an attorney's decision is not in the donor's best interests, they are not required to simply follow the instruction. Instead, they should try to resolve the disagreement through discussion. If that fails, either party can refer the matter to the Court of Protection, which will make a binding decision.

There are also specific situations where medical treatment can proceed regardless of the LPA. In a genuine emergency where the donor's life is at immediate risk, doctors can provide life-sustaining treatment without waiting for the attorney's consent. The Mental Capacity Act 2005 makes clear that nothing in the Act prevents a person from providing life-sustaining treatment while a court decision is pending.

It is also worth noting that a Health and Welfare LPA only comes into effect when the donor lacks capacity for a particular decision. If the donor has capacity to make a specific health decision themselves, the attorney has no authority to override them — and neither does the doctor. Capacity is assessed on a decision-by-decision basis, not as a blanket status. Our detailed guide on whether a doctor can override an LPA covers these scenarios in full.

What if an attorney makes poor decisions?

Appointing an attorney involves placing a great deal of trust in another person. The vast majority of attorneys carry out their duties responsibly, but there are cases where an attorney makes decisions that seem unwise, careless, or simply not in the donor's best interests. When this happens, it is important to know what options are available.

Under the Mental Capacity Act 2005, attorneys are legally required to act in the donor's best interests, follow any instructions set out in the LPA, and have regard to the donor's wishes, feelings, beliefs, and values. They must also consider whether a less restrictive option is available before making a decision. If an attorney consistently ignores these duties, their actions can be challenged.

The first step is usually to raise the issue directly with the attorney. Many poor decisions result from a lack of understanding rather than bad intentions. If the attorney is acting jointly with others, the co-attorneys may be able to address the problem between themselves. If direct communication does not resolve the issue, concerns can be reported to the Office of the Public Guardian, which has the power to investigate.

In more serious cases, the OPG can apply to the Court of Protection to have the attorney removed or to give specific directions about how they should act. The court can also revoke the LPA entirely if it concludes that the attorney is unsuitable. If the donor still has mental capacity, they can revoke the LPA themselves and appoint someone else. Our guide on what to do if an attorney makes a bad decision explains each of these steps and when they apply.

LPA misuse and how to report it

While poor decision-making can sometimes be put down to inexperience or a lack of guidance, deliberate misuse of an LPA is a far more serious matter. LPA misuse (sometimes called abuse of power of attorney) can take many forms — from an attorney spending the donor's money on themselves, to isolating the donor from family and friends, to neglecting the donor's care needs.

Financial misuse is the most commonly reported form. This might involve an attorney withdrawing cash from the donor's accounts for personal use, selling the donor's property below market value, making gifts to themselves beyond what is reasonable, or failing to keep the donor's money separate from their own. With a Property and Financial Affairs LPA, the attorney has access to the donor's entire financial life, so the potential for abuse is significant.

Health and welfare misuse can be harder to spot but is equally damaging. It might involve an attorney refusing to allow the donor to see certain family members, making care decisions based on cost rather than the donor's wellbeing, or ignoring the donor's previously expressed wishes. In some cases, the line between a poor decision and deliberate misuse can be blurred, which is why professional investigation is important.

If you suspect that an attorney is misusing their powers, the most important step is to report it. The Office of the Public Guardian is the first point of contact — they have a dedicated safeguarding team that investigates complaints about attorneys. In cases involving serious financial abuse, you should also contact the police. If the donor is vulnerable and at risk of harm, your local authority's adult safeguarding team can intervene. The OPG has the power to apply to the Court of Protection to suspend or remove an attorney while investigations are ongoing.

We cover this topic in depth across two guides: understanding LPA misuse and how to report an attorney who is misusing an LPA.

The Court of Protection

The Court of Protection is a specialist court in England and Wales that makes decisions on behalf of people who lack the mental capacity to make those decisions for themselves. It was established under the Mental Capacity Act 2005 and plays a central role in the entire LPA system. Whether you are dealing with a dispute about an attorney's behaviour, applying for someone to manage a relative's affairs, or seeking approval for a major decision like selling a property, this is the court that handles it.

The court's powers are broad. It can make one-off decisions about a person's finances, health, or welfare. It can appoint deputies to make ongoing decisions. It can resolve disputes between attorneys, or between attorneys and other family members. It can revoke an LPA if it finds that the document was made improperly or that an attorney is not fit to serve. And it can authorise actions that fall outside the scope of an existing LPA, such as making large gifts from the donor's estate or settling legal claims.

For most families, the Court of Protection becomes relevant in one of two situations. The first is when there is a problem with an existing LPA — a dispute, a concern about misuse, or a question about whether the LPA was validly made. The second is when someone has lost mental capacity without ever having made an LPA, and their family needs legal authority to manage their affairs. In the latter case, the court's role is to appoint a deputy, which is effectively the court-ordered equivalent of an attorney.

Court of Protection proceedings can be costly and time-consuming. The standard application fee is £371, but when you add legal representation, expert reports, and potential hearing costs, the total can run into thousands of pounds. Cases can take several months to resolve, and in contested matters, much longer. This is one of the strongest reasons to have an LPA in place before it is needed — it avoids the court process entirely for most routine decisions.

Our guide on what the Court of Protection is and how it works explains its powers, procedures, and costs in full detail.

Deputyship explained

Deputyship is the legal arrangement that exists when someone has already lost mental capacity and no LPA is in place. A deputy is appointed by the Court of Protection to make decisions on behalf of the person who lacks capacity (known as “P” in court proceedings). In practical terms, a deputy performs a similar role to an LPA attorney — but with more restrictions, more oversight, and significantly higher costs.

The key difference between an LPA and deputyship is one of timing and choice. With an LPA, you choose your own attorneys while you still have capacity. You decide who you trust, what powers they should have, and what instructions or preferences to include. With deputyship, those choices are made by the court. The court will usually appoint a close family member, but it is not guaranteed — and in some cases, particularly where family members disagree, the court may appoint a professional deputy instead.

Deputies are subject to ongoing supervision by the Office of the Public Guardian. Property and financial affairs deputies must submit annual reports accounting for all financial decisions made on behalf of the person they represent. They must also pay an annual supervision fee to the OPG, which is currently between £35 and £320 per year depending on the level of supervision required. Deputies may also need to take out a security bond — an insurance policy that protects the person's assets in case the deputy acts improperly.

Health and welfare deputyship is less common and is only granted where the court is satisfied that ongoing decision-making authority is genuinely needed. For one-off welfare decisions, the court will often make the decision itself rather than appointing a deputy. This contrasts with a Health and Welfare LPA, which gives the attorney broad authority to make welfare decisions as they arise.

For a deeper look at how deputyship works and how it compares with having an LPA, see our guides on what deputyship is and deputyship versus LPA.

Applying for deputyship

If a family member has lost mental capacity without an LPA in place, applying for deputyship through the Court of Protection is usually the only way to gain legal authority over their affairs. The process is more involved than creating an LPA and can take several months from start to finish, depending on whether anyone objects to the application.

To apply, you need to complete a set of court forms (known as COP1, COP1A, and COP3), provide a mental capacity assessment from a medical professional, notify all close relatives of the application, and pay the £371 court application fee. You will also need to arrange a deputy security bond, which typically costs between £50 and £200 per year depending on the value of the person's assets. If the application is straightforward and no one objects, the court can process it on paper without a hearing.

The total cost of obtaining deputyship is significantly higher than creating an LPA. Between the court fee, the capacity assessment, the security bond, and ongoing OPG supervision fees, families can expect to pay well over £1,000 in the first year alone — and the annual supervision fees continue for as long as the deputyship is in place. If the application is contested or if legal representation is needed, costs can escalate quickly into several thousand pounds.

Once appointed, a deputy's authority is more limited than that of an LPA attorney. Deputies must seek court permission for certain actions, such as making gifts, selling property, or making changes to the person's will. They must keep detailed records and submit annual reports to the OPG. The level of ongoing oversight is far greater than anything an LPA attorney faces, which can add both stress and administrative burden for the deputy.

Our detailed guides cover the full deputyship application process and how much deputyship costs, including a breakdown of all the fees involved.

All Guides on LPA Problems and Solutions

Changes & Challenges

• Can an LPA Be Cancelled or Changed?
• Can You Replace an LPA?
• How to Revoke an LPA
• How to Change Your Attorneys
• Changed Your Mind About Your LPA?
• Can an LPA Be Challenged?
• Can an LPA Be Overridden by a Doctor?
• What If an Attorney Makes a Bad Decision?
• LPA Misuse: What You Need to Know
• How to Report Attorney Misuse

Court of Protection

• What Is the Court of Protection?
• What Is Deputyship?
• Deputyship vs LPA
• How to Apply for Deputyship
• How Much Does Deputyship Cost?

Common Questions About LPA Problems

This guide was last reviewed and updated on 11 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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