? The donor, the people to be told or other attorneys are able to object to the registration of an LPA. Other persons (apart from people to be told and attorneys) can object to registration but they have to pay a court fee.
Objections by a person to be told or an attorney will have to be either:
On factual grounds – the OPG can be asked to stop the registration if:
- the donor is bankrupt or interim bankrupt (for property and financial affairs LPAs only)
- the attorney is bankrupt or interim bankrupt (for property and financial affairs LPAs only)
- the attorney is a trust corporation and is wound up or dissolved (for property and financial affairs LPAs only)
- the donor is dead
- the attorney is dead
- there has been dissolution or annulment of a marriage or civil partnership between the donor and attorney
- (except if the LPA provided that such an event should not affect the instrument)
- the attorney(s) lack the capacity to be an attorney under the LPA or the attorney(s) have disclaimed their appointment.
On prescribed grounds – objections to the Court of Protection against registration of the LPA can only be made on the following grounds:
- that the power is not valid as an LPA for example, the person objecting does not believe the donor had capacity to make an LPA
- that the power no longer exists – for example the donor revoked it at a time when he/she had capacity to do so
- that fraud or undue pressure