Someone is objecting my LPA. What next?

You have received a notification from the Office of the Public Guardian (OPG) that someone is objecting to your LPA. There can be several reasons for this. This could be either a “factual” objection, or a “prescribed” objection. You can find out when each type of objection can be made and by whom. We will also set out your options for accepting the objection or defending it.

What are factual objections?

These can be made by either one of your attorneys, or (if you have included any in your LPA) a person to be notified. Someone can object on the basis that certain “events” have taken place. These events mean that the LPA you are applying to register would not be valid, including:

  • One of your named attorneys has died
  • You and one of your named attorneys were married or in a civil partnership, but you have since divorced or dissolved the civil partnership
  • One of your named attorneys does not have the mental capacity to be an attorney
  • One of your named attorneys does not wish to act
  • Either you or one of your named attorneys in your property and finances LPA are bankrupt, interim bankrupt or subject to a Debt Relief Order.

What are prescribed objections?

Prescribed objections can be made by anyone. However, there is a fee involved for anyone making an objection who is not a named attorney or person to be notified.

They can make an objection if they think:

  • The LPA you are making is not legally correct
  • They do not think you have mental capacity to make an LPA
  • You cancelled your LPA when you regained capacity
  • There was fraud involved in making your LPA, for example, if someone forged your signature
  • You were pressured into making an LPA
  • A named attorney is acting against your best interests

To support one of these objections, the person objecting will provide the OPG with evidence.

Your options for dealing with the objection

  1. Accept the objection

If you agree with the reason for the objection, you can accept this and your LPA registration will be stopped. Depending on the nature of the objection, it may not be possible to make a new application.

  1. Change the LPAs being registered

You may agree in part to the reason for the objection, or that an amendment to the LPAs being registered is appropriate, perhaps by changing the names of the attorneys you wish to make decisions for you, or the way in which they will act for you. You should discuss this with a legal professional, and also with the person raising the objection if you feel that you are able to do so.

Should this be an option for you, you should contact the OPG to cancel your application, and then make a new LPA making the agreed changes.

  1. Defend the objection

If you do not agree with the objection, the OPG may decide that it is appropriate to have a hearing to make a decision on whether the LPAs should be registered. In these circumstances, we recommend that you seek professional advice and guidance.