LPA Validity UK: Can a Lasting Power of Attorney Be Challenged or Cancelled?

Updated 31 May 2026 · 9 min read · Lasting Powers of Attorney

A lasting power of attorney (LPA) is a powerful legal document — but it is not irrevocable. The donor can cancel it while they have capacity. The Court of Protection can revoke it if the attorney acts improperly. And family members can challenge it if it was made under pressure or without capacity. Understanding when and how an LPA can be challenged protects both donors and families.

Grounds for Invalidity

An LPA may be invalid — void from the outset — if:

The donor lacked mental capacity when signing — the MCA 2005 capacity test must be satisfied at the time of execution. A donor who did not understand what an LPA was, who they were appointing, or what powers they were granting had no capacity to make it.
Fraud or undue influence — an LPA procured by deceit or coercion is voidable. This is the most common basis for challenging an LPA in families where a carer or family member with undue influence over an elderly or vulnerable person obtained appointment as attorney.
Defective execution — the LPA form must be executed in the prescribed order (donor signs, certificate provider certifies, attorneys sign) and with the correct signatories. Failure to follow the process is a ground for the OPG to refuse registration or the Court to find invalidity.
Invalid certificate provider — the certificate provider must be genuinely independent of the attorneys; a certificate provider who is related to or employed by the attorney cannot validly certify the LPA.

How to Revoke an LPA

The donor can revoke a registered LPA at any time while they have mental capacity, under section 13 MCA 2005:

Make a written deed of revocation — signed by the donor and witnessed by an independent person.
Notify the attorney(s) in writing — they cannot act under the LPA once revoked.
Notify the OPG — the OPG will cancel the registration; request a Form LPA005 from the OPG to notify them.
Notify relevant third parties — banks, solicitors, and anyone who held a copy of the registered LPA.

Revocation requires mental capacity — once the donor has lost capacity, revocation is impossible without a Court of Protection order. If an attorney is misusing their powers, the OPG or the court should be contacted immediately rather than waiting.

The OPG’s Safeguarding Role

The Office of the Public Guardian supervises attorneys and can investigate concerns about improper conduct. Contact the OPG if you are concerned that an attorney:

Is using the donor’s money for personal benefit.
Is making decisions that are not in the donor’s best interests.
Is isolating the donor from family members or other carers.
Obtained the LPA through pressure or deception.
Is failing to consult the donor where the donor retains some capacity.

The OPG safeguarding team can investigate, require accounts, and — if satisfied — apply to the Court of Protection for revocation. Contact: 0300 456 0300 or safeguardingteam@publicguardian.gov.uk. This route is faster and cheaper than an independent court application.

Court of Protection — Challenging an LPA

Section 22 of the MCA 2005 gives the Court of Protection power to determine whether an LPA is valid and to revoke it if the attorney has behaved improperly. Applications can be made by the donor (if still with capacity), the OPG, or any person with sufficient interest — including concerned family members. Court proceedings are expensive (typically £5,000–£20,000+ in legal costs) and slow. The court will appoint a Court of Protection visitor to assess the donor’s capacity and welfare if in doubt. An injunction to freeze the attorney’s powers pending a full hearing can be sought urgently where financial abuse is suspected.

Choosing a Trustworthy Attorney — Prevention is Better than Challenge

The best protection against an LPA being misused is choosing the right attorney in the first place. An attorney should be: genuinely trustworthy and financially responsible; willing and able to act when required; prepared to keep the donor’s finances separate from their own; and willing to account for their decisions. Naming two attorneys who must act jointly (not separately) on major decisions provides a built-in check on either attorney acting alone. Naming a replacement attorney who can step in if the first is no longer willing or able provides continuity. Always discuss the role with the intended attorney before naming them.

FAQs

What makes a lasting power of attorney invalid?

A lasting power of attorney can be invalid for several reasons: (1) Lack of mental capacity at the time of signing — the donor must have had mental capacity when they executed the LPA. Under section 2–3 of the Mental Capacity Act 2005, capacity requires the donor to understand what an LPA is, who they are appointing, what powers they are granting, and the consequences of granting those powers. A donor who did not understand these matters when signing lacks capacity and the LPA is void. (2) Fraud or undue influence — if the donor was pressured or deceived into signing the LPA, it is voidable. This is the most common ground for a challenge to an LPA, particularly where an attorney (often a carer, relative, or new partner) pressured the donor to appoint them. (3) Failure to follow the execution formalities — the LPA must be executed on the prescribed form (LP1H or LP1F), signed in the prescribed order (donor, certificate provider, attorneys, and notified persons), and with a certificate provider's signature confirming the donor had capacity and was not under pressure. Failure to follow these steps can invalidate the document. (4) The certificate provider failed in their duties — the certificate provider must be independent of the attorney, must have known the donor for at least two years or be a professional, and must have had a private conversation with the donor to confirm no fraud or undue influence.

Can a donor revoke an LPA after it has been registered?

Yes, provided the donor still has mental capacity. Under section 13 of the Mental Capacity Act 2005, a donor who has capacity can revoke an LPA at any time — even after it has been registered with the Office of the Public Guardian (OPG). To revoke a registered LPA: (1) The donor must make a written statement of revocation ('deed of revocation'), signed by the donor and witnessed. (2) The donor must notify the attorney(s) of the revocation. (3) The donor should notify the OPG of the revocation — the OPG will cancel the registration and mark the document as revoked in the register. (4) The donor should notify relevant third parties (banks, solicitors) who held copies of the registered LPA. Once revoked, the attorney has no further authority to act under the LPA. Critically, revocation is only possible while the donor has capacity — once capacity is lost, the donor cannot revoke the LPA; revocation must then be sought through the Court of Protection.

What can the Office of the Public Guardian do if an attorney is acting wrongly?

The Office of the Public Guardian (OPG) is the government body responsible for registering and supervising LPAs and deputies appointed by the Court of Protection. The OPG can: (1) Investigate concerns about an attorney's conduct — the OPG has powers under the Mental Capacity Act 2005 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 to investigate complaints about attorneys. (2) Require an attorney to provide accounts and information. (3) Apply to the Court of Protection for an order — including an order revoking the LPA if satisfied that the attorney has behaved in a way that contravenes their authority or is not in the donor's best interests. The Court of Protection can suspend or revoke an LPA (under section 22 MCA 2005) on the application of the OPG, the donor, or any person with a sufficient interest. To report concerns about an attorney: contact the OPG on 0300 456 0300 or safeguardingteam@publicguardian.gov.uk. The OPG's safeguarding team handles concerns about attorney financial abuse, which is one of the most common forms of elder financial abuse in England and Wales.

How can a Court of Protection application challenge an LPA?

The Court of Protection has broad powers under section 22 of the Mental Capacity Act 2005 to make orders about the validity and operation of an LPA. The court can: (1) Determine whether an LPA is valid — resolving disputes about whether the donor had capacity, whether fraud or undue influence occurred, or whether the formalities were properly followed. (2) Revoke the LPA if satisfied that the attorney is behaving improperly, has breached their fiduciary duties, or is making decisions that are not in the donor's best interests. (3) Give directions to the attorney about the exercise of their powers. (4) Require the attorney to submit accounts. A Court of Protection application can be made by: the donor (if they have capacity); any named person in the LPA; any person with sufficient interest (such as a concerned family member); the OPG. The court process is slow and expensive — applications to revoke an LPA typically take months and cost thousands of pounds in legal fees. Early intervention — reporting to the OPG before formal court proceedings — is usually faster and cheaper.

What are the risks of not making an LPA — what happens if I lose capacity without one?

If a person loses mental capacity without having made a valid LPA, nobody has automatic legal authority to manage their property and finances or make health and welfare decisions on their behalf. Family members — even a spouse or adult children — do not automatically have authority over another adult's affairs. The only legal route is to apply to the Court of Protection for a deputy order (under section 16 MCA 2005). A deputyship application: (1) Takes 6–12 months to obtain in most cases. (2) Costs several thousand pounds in legal fees (applying, court fees, assessment by a capacity assessor). (3) Requires annual reporting to the OPG (property and financial affairs deputies must submit annual accounts and pay the OPG's supervision fee of approximately £320 per year). (4) Gives the deputy ongoing supervision and restrictions that an LPA attorney does not face. During the application period, the incapacitated person's finances may be in limbo — banks may freeze accounts, utilities may be cut off, and mortgages or rent may go unpaid. Making an LPA while you have capacity costs around £82–£110 in registration fees per LPA and a few hours' preparation. The cost and delay of not having one vastly exceeds the upfront investment.

Can an LPA attorney use the donor's money for themselves?

No. An LPA attorney owes a fiduciary duty to the donor — they must act in the donor's best interests, not their own. Using the donor's money for personal benefit without authority is financial abuse and can constitute criminal theft (Theft Act 1968) or fraud (Fraud Act 2006). Under the Mental Capacity Act 2005, an attorney must: act in the donor's best interests; keep the donor's money separate from their own; keep accounts and records; not take gifts from the donor's estate without authority; and not benefit personally from the donor's assets beyond reasonable expenses. Authority to benefit: an attorney may make gifts on the donor's behalf, but only gifts of a seasonal nature or for occasions such as birthdays, and only if the value is not unreasonable having regard to the donor's estate. Any larger gift requires a Court of Protection order. Financial abuse of a donor by an attorney is one of the most prevalent forms of elder abuse — the OPG safeguarding team should be contacted immediately if financial abuse is suspected.

Make a Valid LPA While You Have Capacity

An LPA made carefully, with the right attorney and the correct formalities, is the strongest legal protection for your future. WillSafe’s guides on lasting powers of attorney explain the process for England and Wales — and a valid will alongside your LPA completes your estate plan.

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