Objecting To A Power Of Attorney
You may have received notification that a relative is making a Lasting Power of Attorney and you do not believe that the person appointed to act as their attorney is right.
You do have the opportunity to object to the Lasting Power of Attorney application but there are strict time limits.
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Who Can Object To A Power Of Attorney
There are three categories of people who can object to a Power of Attorney:
1. The Donor
2. The Attorney
3. The Persons provided to be given notice of the intention to create the Power of Attorney.
During the registration process, the Office of the Public Guardian will contact a person if they have the right to object to a Power of Attorney and will provide information of how they can make their objections if applicable.
There is a six-week period to allow an individual to object to the registration of a Power of Attorney.
Public Guardian: Reasons To Object
There are many different reasons why you can object to a Power of Attorney to the Office of the Public Guardian. These might include the following:
1. The Donor or their Attorney dies
2. The Donor or the Attorney are declared bankrupt
3. The Attorney does not have sufficient mental capacity to make decisions
4. The Attorney does not want to be appointed
5. The Attorney is a trust corporation that no longer exists.
Court Of Protection: Reasons To Object
There are certain circumstances when it might be necessary to object to a Power of Attorney to the Court of Protection (Court that deals with Power of Attorney disputes), these include:
1. That the Donor does not have sufficient mental capacity to make a Power of Attorney
2. The Attorney will not act in the Donor’s best interests
3. That fraud or unfair pressure has been used to persuade or force the Donor to make a Power of Attorney
4. That the Donor cancelled the Power of Attorney when he/she had sufficient mental capacity to do so.
How To Object To A Power Of Attorney
If you want to object to a Power of Attorney you need to complete a objection form and send it to the Court. We can provide you with the appropriate forms and provide sufficient legal advice tailored to your individual circumstances. Please contact us if we can be of assistance.