Can anyone object to a Lasting Power of Attorney?

by | Oct 6, 2021 | LPAs

LPAA Lasting Power of Attorney is an important legal document and sets out your wishes as to whom you wish to act for you should you become incapacitated for whatever reason in the future. It provides your attorney with the power to make important decisions on your behalf.

The Attorney has a legal obligation to act in your best interests which is why you should choose your Attorney carefully. Consider who you would wish to appoint to carry out this important role on your behalf.

There are 2 types of Lasting Power of Attorney or LPA namely Finance and Property and Health and Welfare.

The LPA for Finance and Property, as it suggests, allows your Attorney to deal and make decisions on your behalf in relation to your finances and property eg : dealing with your bank or paying your household bills.

The Health and Welfare LPA enables your Attorney to make important decisions in relation to your medical care and life sustaining medical treatment.

This LPA can only be used when you have lost mental capacity and so it is vital you choose an Attorney you know and can trust.  It is your decision when making an LPA whether you wish to notify someone namely your relatives that you are making it.  If you do decide to notify them then them then they can choose to object to the LPA provided they have reasonable grounds. These may include objecting because:

  • The Donor or even the Attorney chosen does not have mental capacity or the Donor or Attorney are bankrupt.
  • They may object on the grounds they believe the LPA has been obtained fraudulently eg; A fraudulent signature on the document or even that the donor has been pressurised into signing an LPA.

These are just a few of the examples there might be for a reasonable objection to be raised.

Any objection will be sent to The Office of The Public Guardian who can then authorise an investigation if they have reason to believe an Attorney is not acting in the Donor`s best interests or abusing their position. If serious concerns are confirmed, then The Office Of The Public Guardian can cancel the LPA and take any necessary action against the Attorney.

An LPA is an excellent way of providing for your wishes in advance of any future adverse event such as an accident, stroke or even dementia.  You have peace of mind that your appointed Attorney has your clear instructions and can act on your behalf should the worst happen.

We can guide you through the process and our legal expert can prepare your LPA and ensure that it is completed correctly to avoid any of the potential problems discussed above.

DISCLAIMER

The information provided is of a general nature. It is not a substitute for specific advice in your own circumstances. You are recommended to obtain specific professional advice from an appropriate professional before you take any action or refrain from action. Whilst we endeavour to use reasonable efforts to furnish accurate, complete, reliable, error free and up-to-date information, we do not warrant that it is such. We and our associates disclaim all warranties. The information can only provide an overview of the regulations in force at the date of publication, and no action should be taken without consulting the detailed legislation or seeking professional advice.

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