Objecting to an LPA Registration
The law gives certain people the right to object before an LPA is registered — here’s how it works and what grounds are valid.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
The LPA registration process includes a deliberate pause — a notification period during which certain people can raise concerns. If you believe an LPA is being created under duress, by someone without mental capacity, or for the wrong reasons, there is a formal route to object before registration is completed.
At a glance
- Named persons have a three-week window to object after being notified that an LPA is being registered
- Factual objections (e.g. the donor has died or revoked the LPA) go to the OPG; concerns about capacity or fraud go to the Court of Protection
- Once registration is complete, challenging an LPA requires a separate Court of Protection application
- You can also report concerns about an attorney's conduct to the OPG at any time after registration
Key point: An objection to LPA registration must be raised within the three-week notification window. After registration is complete, challenging an LPA requires an application to the Court of Protection, which is a more complex and costly process.
Why the Notification Period Exists
When an LPA is submitted for registration, the Office of the Public Guardian (OPG) notifies certain people — known as “named persons” — that the LPA is being registered. The donor chooses these people when creating the LPA.
This notification is not just a courtesy. It is the law’s built-in safeguard allowing people who know the donor to raise concerns if something seems wrong — before the LPA takes legal effect and an attorney gains formal authority.
Named persons have three weeks from receipt of their notification to contact the OPG if they wish to object.
Who Can Object to an LPA Registration?
There are two different types of objection, and who can make them depends on the type:
Factual objection (to OPG)
Named persons and attorneys can raise a factual objection directly with the OPG. These must be based on specific, verifiable grounds — for example, that the donor or an attorney has died, or that the LPA contains an error.
Prescribed grounds objection (to Court)
Anyone with a sufficient interest can apply to the Court of Protection to object on the prescribed grounds — including concerns about the donor’s capacity, undue pressure, or fraud. This is a more formal process.
Valid Grounds for Objecting
Not all concerns are legally valid grounds for objection. The law sets out specific situations in which an objection can be made. These fall into two categories:
Factual grounds (to the OPG)
- The donor has died — An LPA cannot be registered after the donor’s death.
- The donor has revoked the LPA — If the donor changed their mind while still having capacity, the LPA should not be registered.
- The attorney has died or lost capacity — An attorney must be alive and have capacity to act.
- The attorney is bankrupt — A bankrupt person cannot act as attorney under a Property and Financial Affairs LPA.
- The donor and attorney have divorced — Divorce automatically revokes the appointment of a former spouse as attorney.
Prescribed grounds (to the Court of Protection)
- Lack of mental capacity — The donor lacked the capacity to create the LPA at the time of signing.
- Fraud — The LPA was obtained through deception or dishonesty.
- Undue pressure — The donor was pressured or coerced into signing.
- The attorney behaved or intends to behave in a way that would harm the donor — For example, evidence of previous financial abuse.
- Lack of understanding — The donor did not understand the effect of the document they were signing.
How to Raise a Factual Objection With the OPG
Act within three weeks of notification
Named persons receive a notification when the LPA is submitted for registration. You must contact the OPG within three weeks of receiving this notice.
Contact the OPG in writing
Write to the OPG clearly stating your objection and the grounds for it. Include the LPA reference number and the donor’s details if you have them.
Provide evidence
The stronger your evidence, the more seriously your objection will be taken. Provide documentation, medical evidence, or witness statements where possible.
Registration is paused
Once the OPG receives a valid factual objection, it will pause registration while it investigates. The LPA cannot be registered until the matter is resolved.
How to Apply to the Court of Protection
If your concern falls under the prescribed grounds — particularly capacity, fraud, or undue pressure — you need to apply to the Court of Protection rather than just contacting the OPG.
You can apply using form COP7 (application to object to the registration of an LPA). This must be done promptly — ideally within the three-week notification window if you have been notified, though the court can consider applications made outside this period if there are good reasons.
Court of Protection proceedings can be complex and legal advice is strongly recommended. If cost is a concern, Citizens Advice or local law centres may be able to help.
What Happens After an Objection Is Filed?
If a factual objection is valid and uncontested, the OPG may refuse to register the LPA. If the objection is disputed — for example, the applicant says the donor did have capacity when they signed — the matter will be referred to the Court of Protection to decide.
Court proceedings take time, and the LPA cannot be used until the matter is resolved. In urgent situations where the donor needs immediate assistance, this creates a difficult gap — which is another reason why raising concerns early in the process matters.
Objecting After an LPA Is Already Registered
If you discover problems after the LPA has already been registered, the notification window has passed and the route to object is different. You will need to apply to the Court of Protection to have the LPA revoked or the attorney removed.
You can also report concerns about an attorney’s conduct to the OPG at any time — see our guide on whether the OPG can investigate an attorney. The OPG can open an investigation and, if necessary, apply to the court itself.
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Key Takeaways
- Act within three weeks — named persons must raise objections within the notification window before registration is completed
- Know the two routes — factual objections go directly to the OPG, while concerns about capacity, fraud, or undue pressure go to the Court of Protection
- Provide strong evidence — medical evidence, documentation, and witness statements strengthen your objection significantly
- After registration, the process changes — once an LPA is registered, you must apply to the Court of Protection to have it revoked or the attorney removed
- You can always report concerns — the OPG accepts reports about attorney misconduct at any time, even after the LPA is fully registered
Common Questions About Objecting to LPA Registration
Who can object to an LPA registration?
Named persons notified during the registration process and the attorneys themselves can raise a factual objection with the OPG. Anyone who has concerns about the donor’s capacity or fraud can apply to the Court of Protection to object on those grounds.
What are valid grounds for objecting to an LPA?
Valid grounds include: the donor lacked mental capacity when they signed; the donor was under fraud or undue pressure; the LPA is legally defective; the attorney is bankrupt (for a Property LPA); or the attorney has died or is no longer suitable.
How long do I have to object to an LPA?
Named persons have a three-week window to raise an objection after being notified that an LPA is being registered. This is why the notification stage of registration exists — to give people the chance to raise concerns before the LPA takes effect.
What happens if an objection is raised?
If a factual objection is raised with the OPG, registration is paused while it is investigated. If the grounds are disputed or concern capacity or fraud, the matter is referred to the Court of Protection to make a ruling.
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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