How to Object to an LPA Registration at the OPG
Notified persons have 3 weeks to object to an LPA registration. Factual grounds (donor died, LPA revoked) lead to immediate refusal. Prescribed grounds (lack of capacity, undue influence, unsuitable attorney) trigger an OPG investigation and potential Court of Protection referral.
Two Types of Objection Ground
Factual grounds
Black-and-white facts that prevent registration
- Donor has died
- Donor revoked the LPA
- Attorney and donor were married/CP and have since separated
- Attorney has died, lost capacity, or gone bankrupt
Prescribed grounds
Require OPG investigation — may go to Court of Protection
- Donor lacked capacity when signing
- LPA procured by fraud or undue influence
- LPA not made validly (form requirements)
- Attorney is unsuitable to act
Form LPA007 is used for factual grounds. Contact OPG directly for prescribed grounds concerns.
Frequently Asked Questions
Who can object to an LPA being registered?
The right to object to an LPA registration depends on who has been notified. The donor can choose to notify named persons when the LPA is submitted for registration — these are people the donor trusts to raise concerns if there is a problem. Any named person, the attorneys themselves, and any replacement attorneys can object. The OPG also notifies the donor's certificate provider in some cases. If you are not a named person and believe the LPA is being registered fraudulently or improperly, you can contact the OPG directly — the OPG has a duty to investigate concerns about a donor's welfare even if you were not formally notified.
What are the grounds for objecting to an LPA?
There are two categories of grounds: (1) Factual grounds — these are black-and-white facts that, if true, mean the LPA cannot be registered: the donor has revoked the LPA; the donor has died; the donor and attorney were married or civil partners and the relationship has since ended (which automatically revokes the attorney's appointment unless the LPA says otherwise); the attorney has died, lost mental capacity, or become bankrupt (for financial LPAs); (2) Prescribed grounds — these require the OPG to investigate and potentially refer to the Court of Protection: the LPA was not made validly (for example, the donor lacked capacity when signing, or was acting under undue influence); the attorney is unsuitable to act for the donor. If you raise prescribed grounds, the OPG will investigate before deciding whether to register the LPA or refer the matter to the Court of Protection.
How do you object to an LPA registration?
If you are a notified person, you have a 3-week window from the date of your notification to object. The process: (1) Complete form LPA007 (available on GOV.UK) — for factual objections; or contact the OPG directly for prescribed (suitability) grounds; (2) Submit the form to the OPG (Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH or via the OPG online service); (3) State clearly which grounds you are relying on and provide your evidence; (4) If you miss the 3-week window, you can still raise a concern with the OPG — the OPG has a general duty to act in the donor's best interests — or apply to the Court of Protection under the Mental Capacity Act 2005 for the LPA to be cancelled. There is no fee for raising a concern.
What happens after an objection is filed?
For factual grounds: if the objection is valid on its face (for example, the donor has clearly died), the OPG will refuse to register the LPA. For prescribed grounds (capacity, undue influence, unsuitability): the OPG will investigate. This typically involves: contacting the certificate provider who signed the LPA, reviewing any medical evidence, sometimes directing a Court of Protection visitor to assess the donor, and liaising with social services if safeguarding concerns arise. If the OPG is not satisfied after investigation, it will refer the matter to the Court of Protection — a judge will then decide whether the LPA should be registered. The LPA registration is suspended during the investigation. This process can take several months.
Can an LPA be cancelled after it has been registered?
Yes — a registered LPA can be cancelled (revoked) after registration in several ways: (1) By the donor, if they still have mental capacity — by notifying the OPG and the attorneys in writing; (2) By the Court of Protection under s22(4)(b) MCA 2005 — the court can revoke a registered LPA if the attorney has behaved fraudulently or against the donor's best interests; (3) By the OPG — the OPG can cancel an LPA in certain circumstances such as the attorney's bankruptcy (financial LPA) or death. Concerns about an attorney's conduct after registration should be reported to the OPG, which can investigate and apply to the Court of Protection if necessary. This is distinct from the pre-registration objection process.
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