Objecting to an LPA UK (2026): How to Stop an LPA Being Registered

The following people can object to the registration of an LPA: (1) The donor — the person who made the LPA. The donor can object at any point before registration is complete and can withdraw their LPA application entirely. (2) Named persons — the people the donor listed on the LPA form as persons to be notified when a registration application is made. Named persons receive a notice (LP3 notification form) and have 3 weeks to object. (3) The certificate provider — the person who certified the LPA when it was made (typically a solicitor, GP, or another person of professional standing). The certificate provider can raise concerns about the LPA's validity with the OPG. (4) Any other person — although the OPG's formal objection process is primarily for named persons, anyone can write to the OPG expressing concerns; the OPG will investigate if it appears the donor's interests are at risk.

The OPG distinguishes between two types of objections to LPA registration: (1) Factual objections — objections based on verifiable facts that prevent registration as a matter of law. These include: the donor has died; the donor and attorney were married and have since divorced or had their civil partnership dissolved (which revokes the attorney's appointment unless the LPA says otherwise); the attorney has died; the attorney has been appointed as a deputy by the Court of Protection for the same person (which may conflict); the attorney lacks capacity. Factual objections are determined by the OPG on the documentary evidence provided, without a formal court hearing, and will prevent registration if substantiated. (2) Prescribed objections — objections based on the substantive validity of the LPA, made under the Mental Capacity Act 2005 Schedule 1. These include: the LPA was not properly made (formality defect); the donor lacked mental capacity when the LPA was signed; the donor was subject to fraud or undue influence when making the LPA. Prescribed objections cannot be determined by the OPG alone — they must be referred to the Court of Protection.

To object to LPA registration, you must act quickly — named persons have only 3 weeks from receiving the LP3 notification to lodge a formal objection. The process is: (1) For factual objections: complete form LP3B (Object to the registration of a Lasting Power of Attorney — factual grounds) and send it to the OPG. Attach documentary evidence supporting the factual basis (e.g. a death certificate, decree absolute, or evidence of the attorney's own incapacity). The OPG will consider the evidence and, if satisfied, refuse registration or pause it pending further investigation. (2) For prescribed objections: complete form LP3B or write to the OPG clearly stating the prescribed ground (e.g. 'I believe the donor lacked mental capacity when signing the LPA' or 'I believe the LPA was obtained by undue influence'). The OPG must then apply to the Court of Protection for a determination — the OPG itself cannot determine questions of mental capacity or undue influence. If you miss the 3-week window, you can still apply directly to the Court of Protection at any time to cancel a registered LPA.

Once the OPG receives a valid objection, it will pause the registration process. For factual objections: the OPG will investigate by requesting evidence from both sides and will make a determination. If the factual objection is substantiated, registration is refused. If not substantiated, registration may proceed. For prescribed objections: the OPG is required under Schedule 1 MCA 2005 to refer the matter to the Court of Protection. The Court will then consider the case — typically at a hearing attended by the donor, the attorney, and the objector. The donor may need to undergo a formal mental capacity assessment if capacity at the time of signing is in dispute. The Court has power to: register the LPA (if the objection is not made out); refuse registration; or direct the OPG to register with modifications. Both parties may incur legal costs. If you are considering a prescribed objection, taking legal advice before submitting is strongly recommended.

If an LPA has already been registered before you raise concerns, you can no longer object through the OPG's notification process. However, you can apply directly to the Court of Protection to cancel (revoke) the registered LPA under section 22 of the Mental Capacity Act 2005. Section 22 gives the Court power to revoke an LPA if: the donor lacked capacity when the LPA was made; the donor made the LPA as a result of fraud or undue influence; the attorney has behaved or is behaving in a way that contravenes their authority or is not in the donor's best interests; the attorney proposes to behave in such a way. An application to the Court of Protection is made using form COP1 (Application to the Court of Protection). The Court can make an emergency interim order (urgent application) to suspend the LPA's operation while the matter is investigated. There is no time limit for making a s.22 application — it can be made at any point while the donor is alive.

Yes — lack of mental capacity when signing the LPA is one of the prescribed grounds for objection under Schedule 1 MCA 2005. The relevant capacity is the donor's capacity at the time the LPA was executed (signed), not their current capacity. The test is the functional two-stage test under the MCA 2005: was there an impairment or disturbance in the functioning of the donor's mind or brain at that time? Did that impairment mean the donor could not understand, retain, use or weigh, or communicate the information relevant to making an LPA? Medical evidence from the donor's GP or treating clinician around the time the LPA was made is key evidence. If the donor was diagnosed with dementia before the LPA was signed, this raises a strong prima facie case that should be referred to the Court of Protection. The certificate provider (who certified the LPA) is required to certify that in their opinion the donor has capacity — but this assessment can be challenged. The Court will consider all available medical and lay evidence and make a determination.

Named persons (also called 'people to notify') are individuals the donor chooses to list in the LPA who must be formally notified every time an application to register the LPA is made. The donor can choose to name no one, one person, or up to five persons. Named persons do not have any power to veto the LPA — they can only raise objections, which are then considered by the OPG or Court. The purpose of naming persons is to create an independent safeguard: the named person, on receiving notification, is in a position to raise concerns if they believe the LPA was obtained by fraud, undue influence, or when the donor lacked capacity. A certificate provider (who also signs the LPA) is a separate safeguard who is present at the time of signing and provides contemporaneous evidence of the donor's capacity and absence of undue pressure. The combination of certificate provider review at signing and named person notification at registration provides two independent checks on the LPA's validity.