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Powers of attorney · 10 min read · Published

Who Can Override a Power of Attorney? Rights, Safeguards and Disputes

Who can challenge or override a power of attorney, the safeguards in the system, and how to raise a concern about an attorney.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

A kitchen table in window light holding a ring of brass keys, a diary open at blank ruled pages, a plain bank card lying face down, a pair of folded reading glasses and a pencil with a terracotta barrel.

Guides · Powers of attorney · No. 7 of 11Published · 10 minutes

A lasting power of attorney (LPA) gives someone control over another person's money or health decisions. This guide explains who can challenge or override an attorney, the safeguards in the system, and what to do if you are worried about how an attorney is acting.

An Attorney's Legal Duties

Before looking at who can override an attorney, it helps to know what an attorney must do. An attorney under an LPA must:

  • Act in the donor's best interests at all times
  • Take account of the donor's past and present wishes, feelings, beliefs and values
  • Choose the least restrictive option
  • Keep the donor's money and property separate from their own
  • Keep accurate records and accounts
  • Not hand their authority to someone else (unless the LPA allows it)
  • Follow any instructions or conditions in the LPA

Who Can Override a Power of Attorney?

Several people and bodies can challenge, limit or override an attorney's decisions:

The donor: while the donor has mental capacity, they can override any decision by their attorney or cancel the LPA. The donor's own wishes come first.

The Court of Protection: the court can make any decision about a person's property, money or welfare if it is in their best interests. It can remove an attorney, suspend their powers or direct how they must act.

The Office of the Public Guardian (OPG): the OPG investigates complaints about attorneys and can apply to the Court of Protection. Anyone can report a concern to the OPG.

Doctors and other healthcare staff: under a health and welfare LPA, an attorney cannot refuse life-sustaining treatment unless the LPA specifically gives them that power. Doctors can give emergency treatment, and can challenge an attorney's decision they believe is not in the patient's best interests.

Other attorneys: where several attorneys are appointed, they may have to act jointly (all agree). If one attorney is acting against the donor's interests, the others can challenge them.

Common Reasons for Challenging an Attorney

Financial Abuse vs Poor Decisions

Signs of Financial AbusePoor Decisions, Not Abuse
Unexplained withdrawals or transfers from the donor's accountsThe family disagrees with the choice of care home
The attorney spending the donor's money on themselvesInvestment decisions others would not have made
Selling the donor's property below market valueDisagreement about how much to spend on care
Refusing to show the family any financial recordsThe attorney following wishes of the donor that the family dislikes
Isolating the donor from familyReluctance to share information (may be a privacy concern)
Interfering with the donor's will or making gifts from their moneyDecisions that seem unwise but do no harm

How to Raise Concerns About an Attorney

Steps to Challenge an Attorney

  1. Talk to the attorney directlyIf it is safe, raise your concerns with the attorney. There may be a reasonable explanation. Ask to see the financial records or a summary of the decisions made.
  2. Contact the Office of the Public GuardianCall the OPG on 0300 456 0300 or email opg.safeguardingunit@publicguardian.gov.uk. The OPG can investigate, require information from the attorney and refer serious cases to the Court of Protection.
  3. Report to adult safeguardingIf you believe the donor is being abused or neglected, contact the adult safeguarding team at the local council. It has a duty to look into it.
  4. Apply to the Court of ProtectionIn an urgent case you can apply to the Court of Protection for an order. The court can suspend the attorney, appoint a replacement or make decisions for the donor.
  5. Get legal adviceA solicitor with Court of Protection experience can advise on the strength of your case, help you gather evidence and make the application.

Cancelling a Power of Attorney

While the donor has mental capacity, they can cancel (revoke) their LPA at any time. This is the simplest way to override an attorney: remove their authority altogether.

To cancel an LPA:

  1. The donor must have the mental capacity to make the decision
  2. The donor signs a written statement called a 'deed of revocation', in front of a witness
  3. The donor tells the attorneys their appointment has ended
  4. The donor sends the deed and the original LPA to the Office of the Public Guardian so the register is updated

If the donor no longer has capacity, only the Court of Protection can cancel or change the LPA.

LPA Disputes in Bridlington and East Yorkshire

Family disputes about powers of attorney are more common than people think. If you are an attorney who feels unfairly challenged, or a relative worried about a vulnerable person, get advice early.

Aaron advises on LPA disputes, from an informal resolution through to a Court of Protection application. He also drafts new LPAs with stronger safeguards so problems are less likely to arise.

A well-drafted LPA with proper safeguards, including people to notify and clear instructions, can head off many disputes before they start.

Aaron Johnson, Safe Harbour Legal

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends

Questions

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

Can family members override a power of attorney?

Not directly. Family members can raise concerns with the Office of the Public Guardian, report suspected abuse to the council's adult safeguarding team, or apply to the Court of Protection for an order. The Court of Protection has the final say and can override, suspend or remove an attorney.

Can a doctor override a power of attorney?

In some cases. A doctor can give emergency life-sustaining treatment even if an attorney objects, unless the LPA specifically gives the attorney the power to refuse it. Doctors can also challenge a health decision they believe is not in the patient's best interests.

How do I report concerns about an attorney to the OPG?

Call the Office of the Public Guardian on 0300 456 0300, email opg.safeguardingunit@publicguardian.gov.uk, or write to Office of the Public Guardian, PO Box 16185, Birmingham B2 2WH. The OPG will not tell the attorney who reported them. It will investigate and can refer serious cases to the Court of Protection.

Can an attorney be removed against their will?

Yes. The Court of Protection can remove an attorney who has acted against the donor's best interests, broken their duties or is unfit to act. The OPG can apply for removal. Common reasons include financial abuse, failing to keep records, acting outside the LPA and conflicts of interest.

What safeguards should I include when setting up an LPA?

Name 'people to notify', who are told when the LPA is registered. Appoint more than one attorney and require them to act jointly for major decisions. Put specific instructions or restrictions in the LPA. Use a professional, such as a solicitor, as the certificate provider. A letter of wishes also helps guide the attorneys.

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Important

This guide contain general information about the law of England and Wales as at March 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Mental capacity and powers of attorney law, and the Office of the Public Guardian's fees and forms change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal is a trading name of Legal Studio Solicitors (MDLS Solicitors Limited, company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at safeharbour.legal/complaints-procedure.