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Power of Attorney

If I have a case disputing a power of attorney


If I have a case disputing a power of attorney

You may wish to dispute a Power of Attorney (POA) if you consider that it was granted to the wrong person or believe the donor did not have the necessary capacity for the role. You may also have concerns that an attorney’s actions are not in the donor’s best interests.

Although not required when registering a Lasting Power of Attorney, certain individuals must be notified and given the chance to object before an Enduring Power of Attorney (i.e. made before 30 September 2007) is registered. The mental capacity of the individual donor (the person making the POA) also has to be independently confirmed. A Power of Attorney signed as a result of fraud or undue influence is void.

The two types of LPA - Property and Financial Affairs and Health and Welfare - can only be used once registered with the Office of the Public Guardian. An LPA for Property and Financial Affairs does not entitle the attorney to make decisions concerning the donor’s health and welfare and similarly a Health and Welfare LPA does not confer any power over the donor’s finances.

An attorney has to act in the best interests of the donor and in line with the principles of the Mental Capacity Act 2005. If they fail to do so, their role can be challenged. We can provide specialist help and advice before you take any action, as liaising with the Court of Protection is a complex and lengthy process, especially if you are involved in a dispute.

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