Who Can Override a Power of Attorney in the UK—and When It Is Legally Permissible

In England and Wales, very few people can override a power of attorney, and only in defined circumstances. While you still have mental capacity, you hold the final say. You can overrule your attorney, change your instructions, or cancel the power of attorney yourself. Once capacity is lost, the Court of Protection is the body that can formally remove an attorney, cancel an LPA or make a decision that overrides what an attorney is doing.

Family members and next of kin have no automatic right to step in. That surprises many people. A son, daughter, spouse or sibling may be closely involved in your care, but legal authority comes from the LPA, not from family status.

We once acted for 2 sisters who disagreed about their father’s care. One was his attorney. The other was not, and assumed that as next of kin she could overrule decisions she disliked. She could not. The correct route was to raise the concern through the Office of the Public Guardian, and, if needed, the Court of Protection.

You always come first

The whole system is built around your wishes. A registered LPA does not hand your life over. While you can make a decision yourself, your attorney cannot act against you. You can challenge or overrule an attorney's decisions at any point while you still have capacity.

This holds true while you still have mental capacity. If capacity is in doubt, a formal assessment under the Mental Capacity Act 2005 may be needed before anyone acts. A health and welfare attorney can only make decisions when you lack capacity for that decision. A property and financial affairs attorney may be able to help earlier if the LPA allows it, but they still must follow your wishes while you can decide for yourself.

The Office of the Public Guardian

The Office of the Public Guardian, or OPG, supervises attorneys and investigates concerns. Anyone can report a worry, including relatives, professionals, banks, care workers or members of the public. If you suspect financial abuse or other misuse of the role, this is usually the first place to start.

The OPG can ask questions, request information, review records and consider whether the attorney is acting properly. In serious cases, it can apply to the Court of Protection or refer matters to the police. You can also read the official GOV.UK guidance.

The Court of Protection

When you can no longer decide for yourself and something is wrong, the Court of Protection holds the strongest legal power. It can remove an attorney, cancel the LPA, appoint a deputy, or make a specific decision in your best interests. Applications may come from the OPG, a family member, another attorney or another interested person.

Removing an attorney is serious. The court will usually want clear evidence of harm, misuse, conflict of interest, poor decision-making, or a dispute that cannot be resolved.

Where family members and other attorneys stand

Being a close relative gives you no direct power to override an attorney. What you can do is raise concerns with the OPG, seek legal advice, or apply to the Court of Protection where appropriate.

Where you appointed more than 1 attorney, the position depends on how you set them up. Attorneys appointed jointly must agree on decisions. Attorneys appointed jointly and severally can usually act alone or together. If an attorney is, for example, selling the donor’s home through our residential conveyancing team, a relative who objects still needs to use the OPG or court route rather than block the sale directly.

An ordinary power of attorney works differently because it ends if the donor loses capacity. Attorneys also carry real legal duties, and falling short of them is a common trigger for challenge.

Who	What they can do	When
You, the donor	Overrule or revoke your attorney	While you have mental capacity
Office of the Public Guardian	Investigate concerns and apply to court where needed	When a concern is reported
Court of Protection	Remove an attorney, cancel an LPA or appoint a deputy	Where capacity is lacking and legal intervention is needed
Local authority or social services	Investigate safeguarding concerns and refer on	Where there is a safeguarding risk
Another attorney	Act alone or require agreement	Depending on joint or joint and several appointment
Family members	Report concerns or apply to court	No automatic power to override

Frequently asked questions

Can next of kin override a power of attorney?

No. Next of kin has no automatic legal authority to make financial or welfare decisions.

Can 2 attorneys overrule each other?

Not exactly. Joint attorneys must agree. Joint and several attorneys can usually act separately, but serious disputes may need OPG or court involvement.

Can an LPA be overridden after the donor loses capacity?

Yes, but usually only by the Court of Protection.

Can social services override an attorney?

No. They can investigate safeguarding concerns and refer the matter on, but they cannot cancel an attorney’s authority themselves.

Concerned about how an LPA is being used?

If you are worried that an attorney is overstepping, act early while your options are widest. Our lasting power of attorney advice at Athi Law can guide you, and our family law solicitors, who also handle child custody in Sheffield, can steer you through any dispute. Get in touch today.