Can a Power of Attorney Be Challenged or Overruled? Understanding Legal Grounds and Procedures

Yes, a power of attorney can be challenged, but the routes are narrower than many families expect. In England and Wales, a lasting power of attorney, or LPA, gives attorneys real legal authority once it has been registered with the Office of the Public Guardian. It cannot simply be overruled by a relative, a next of kin, or another family member who disagrees with a decision.

While the donor still has mental capacity, they can change or revoke their own arrangement. If the donor no longer has capacity, concerns about an attorney usually need to be raised with the Office of the Public Guardian, known as the OPG. Serious disputes can then go to the Court of Protection, which has the power to remove an attorney, cancel an LPA, or appoint someone else to manage the donor’s affairs.

If you want the basics before you read on, our guide to what a power of attorney is is a useful starting point.

Who can challenge a power of attorney?

There is a common myth that the next of kin can step in automatically. In England and Wales, “next of kin” does not give someone legal power over another adult’s finances, property, care, or medical decisions. Authority comes from a valid LPA, a deputyship order, or another recognised legal route.

The donor can revoke an LPA if they still have mental capacity. That matters because capacity is decision-specific. A person may still be able to decide who should manage their affairs even if they need help with other decisions. It is also worth understanding what a power of attorney covers in practice, because a property and financial affairs LPA is different from a health and welfare LPA.

Other people can raise concerns, but they cannot simply take control. A relative, attorney, replacement attorney, social worker, care professional, bank staff member, or local authority can report worries to the OPG.

Anyone can report a concern if they believe an attorney is misusing money, failing to act in the donor’s best interests, abusing their position, or not following the rules. Attorneys have serious responsibilities, which is why an attorney's legal duties should be understood from the start.

The legal grounds for challenge

Challenges usually fall into 2 categories. The first concerns whether the document was valid when it was made. The second concerns how the attorney is acting after registration.

Ground	What it means	Usual route
Lack of capacity	The donor did not understand the LPA when they made it	Court of Protection
Undue influence or pressure	The donor was coerced, manipulated, or pressured into signing	Court of Protection
Fraud or forgery	A signature, document, or key information was false	Court of Protection
Improper execution	The LPA was not signed, witnessed, or certified correctly	Court of Protection
Attorney misconduct	The attorney is dishonest, careless, or acting beyond their powers	OPG first, then Court of Protection if serious
Acting against best interests	Decisions are being made for the attorney’s benefit, not the donor’s	OPG or Court of Protection
Factual objection	For example, the donor or attorney has died, an attorney has lost capacity, or bankruptcy affects a property and financial affairs LPA	OPG, and sometimes Court of Protection

Financial mismanagement is one of the most common triggers. Warning signs can include unexplained withdrawals, missing bank statements, unpaid care fees, gifts that do not fit the donor’s circumstances, or the attorney treating the donor’s money as their own. We explain those risks in our guide to power of attorney abuse. Getting the document right at the start, as explained in the rules on lasting power of attorney, reduces the chance of a later dispute.

Factual objections and prescribed grounds

If an LPA is still being registered, objections can be raised before it takes effect. Attorneys and people named to be notified must usually object within 3 weeks of being told about the registration.

A factual objection deals with clear events. This may include the donor or attorney dying, a spouse or civil partner attorney losing their appointment after divorce or dissolution, an attorney disclaiming their role, an attorney lacking capacity, or bankruptcy affecting a property and financial affairs appointment.

Prescribed objections are more serious. These include concerns that the LPA is not legally valid, the donor lacked capacity, the donor revoked it after regaining capacity, the donor was pressured, there was fraud, or an attorney is acting against the donor’s best interests. These objections usually require evidence and may need to be made to the Court of Protection.

The role of the OPG and the Court of Protection

The OPG investigates concerns about attorneys, deputies, and guardians. It can ask for information, contact the attorney, refer matters to other agencies, or apply to the Court of Protection where there are serious concerns. The OPG itself does not usually make the final order removing an attorney or cancelling an LPA. The Court of Protection does that.

The court can freeze accounts, order information to be provided, remove an attorney, cancel an LPA, appoint a deputy, or make directions about how decisions should be made. If a crime may have been committed, the matter can also be referred to the police.

Court fees should be checked before applying. At the time of writing, the Court of Protection application fee is £421, the appeal fee is £265, and a hearing fee of £259 may apply if the court holds a hearing. Some people can apply for help with fees. You can check the current figures on GOV.UK before taking action.

Capacity often sits at the centre of these disputes, especially where dementia is involved. Our guide to power of attorney and dementia explains why timing and evidence matter.

A worked example

Imagine a father sets up a property and financial affairs LPA after an early dementia diagnosis, naming his son as attorney. Months later, his daughter notices unexplained withdrawals, unpaid household bills, and a car purchase she does not recognise. She cannot remove her brother herself, even if she is next of kin. Instead, she reports her concerns to the OPG and gathers bank records, dates, correspondence, and examples.

If the OPG investigates and finds the son has used the donor’s money for himself, the matter may be taken to the Court of Protection. The court could remove the son as attorney, appoint a replacement or deputy, and order steps to protect the father’s money. If property has been sold, transferred, or mortgaged improperly, our conveyancing solicitors can help review what happened.

What happens if a challenge succeeds?

The result depends on the problem. If the LPA was invalid from the start, the court may cancel it. If one attorney has behaved badly, the court may remove that attorney while allowing another valid attorney or replacement attorney to continue. If there is no suitable attorney and the donor lacks capacity, the court may appoint a deputy.

Where the issue is less serious, the court or OPG may require better records, clearer accounting, or stricter limits on what the attorney can do. The aim is not to punish family disagreement. The aim is to protect the donor and ensure decisions are made lawfully and in their best interests.

Reducing the risk from the start

Most disputes are easier to prevent than fix. A carefully prepared LPA, an independent certificate provider, sensible people to notify, and well-chosen attorneys can make a future challenge less likely. Naming replacement attorneys also helps keep arrangements working if your first choice can no longer act.

It is better to set up a lasting power of attorney early than wait until a crisis. If your circumstances change, our guide to how to revoke a lasting power of attorney explains the next steps.

Power of attorney disputes often sit alongside wider family tension. Where needed, our family law solicitors and child custody solicitors can also advise on related issues.

Talk to a solicitor before you act

Challenging or defending a power of attorney is stressful, and small procedural mistakes can cost time and money. If you are worried about how someone’s affairs are being handled, or you need to protect your own plans, speak to Athi Law for clear, practical advice.