A Lasting Power of Attorney, or as it’s commonly known, an LPA, is an important legal document that allows someone else to make decisions on your behalf when you are no longer able to. An LPA gives you peace of mind that if you lose mental capacity or have an accident that leaves you unable to communicate, your wishes for your healthcare and finances will be followed.
An LPA is designed to protect your interests, but if you believe a loved one’s LPA isn’t valid or is being misused, there are ways to challenge it. In this article, we take a closer look at how and why an LPA can be challenged.
What does it mean to challenge an LPA?
The term challenging an LPA means questioning its validity or the way it’s being used. This could happen before the LPA is registered or after it is put into effect. Common reasons to challenge an LPA include the manner in which it was signed, whether the donor (person making the LPA) fully understood the terms they agreed to and whether the solicitor acted properly.
If there is evidence of wrongdoing, then you can ask the Court of Protection to review or cancel the LPA. The aim is always to protect the donor and ensure their wishes and wellbeing are respected.
Why might an LPA be challenged?
There are several situations where it may be appropriate to question an LPA:
- The donor did not have the mental capacity when the document was signed.
- The donor was under pressure or forced to sign the LPA.
- False information or forged signatures make the LPA legally unenforceable.
- Incorrect paperwork, as required by law, makes the LPA invalid.
- If a solicitor is not acting in the donor’s best interests or is misusing funds, this can be grounds for removal or investigation.
- In some cases, a change in circumstances may affect the validity of the LPA.
Who can challenge an LPA?
The challenge doesn’t have to come from the donor. Others who have the right to raise concerns include:
- People named in the LPA who are to be notified when it’s registered.
- Close family members or friends with a genuine interest in the donor’s welfare.
- Attorneys themselves, if they suspect the arrangement is being abused.
- The Office of the Public Guardian can investigate reports of financial or personal misconduct.
Advice if you’re considering challenging an LPA
Challenging an LPA can feel daunting, especially when family relationships are at risk. Here are some things to consider to help make the process easier:
- Act quickly if you suspect something is off with the LPA.
- Keep thorough notes of any concerns.
- Verify that the LPA documentation was properly witnessed and signed.
- Seek professional help with setting up an LPA and handling LPA disputes.
Looking for help with an LPA?
If you are looking for professional help with setting up an LPA, then please get in touch with us at Hughes Probate. We can help you plan for the future to ensure your health, wellbeing and finances are protected.
Get in touch with us and let’s arrange an informal chat to discuss your circumstances.
