How Safe Is a Lasting Power of Attorney?

07th July 2025

Updated: Wednesday 24th December 2025

A Lasting Power of Attorney, often called an LPA, is one of the most effective legal tools for protecting your future. It allows someone you trust to make decisions for you if you lose mental capacity. A common concern, however, is whether an LPA could be misused. The short answer is that LPAs are carefully designed with multiple safeguards to protect you, the donor.

Below, we answer the most common questions about how LPAs are kept safe and secure in England and Wales.

What Checks Are in Place When an LPA Is Set Up?

Every UK LPA includes a mandatory safeguard called a certificate provider. This person confirms that you understand what you are signing, that you are acting of your own free will, and that no one is pressuring you.

The certificate provider must either have known you personally for at least two years or be a qualified professional such as a solicitor, doctor, or social worker. They cannot be your attorney or related to them, which helps prevent conflicts of interest.

Can Other People Raise Concerns About My LPA?

Yes. When making an LPA, you can choose to name people to notify. These individuals are formally informed when your LPA is sent for registration.

People notified have three weeks to raise any concerns with the Office of the Public Guardian. This acts as an early warning system if something does not seem right before the LPA becomes active.

What Role Does the Office of the Public Guardian Play?

The Office of the Public Guardian, known as the OPG, oversees all LPAs in England and Wales. An LPA cannot be used until it has been registered with them.

During registration, the OPG checks that the form is completed correctly, signatures are in the right order, and there are no obvious signs of fraud or coercion. If concerns arise, the OPG can pause or refuse registration and investigate further.

What Happens After an LPA Is Registered?

Safety does not stop once registration is complete. Attorneys are legally bound by the Mental Capacity Act 2005.

Attorneys must always act in your best interests, follow your instructions and keep proper records. If an attorney misuses their powers, the OPG can investigate, remove them and refer serious cases to the Court of Protection.

Can an Attorney Be Removed If They Act Improperly?

Yes. Attorneys do not have unlimited power.

If concerns are raised by family members, professionals, or care providers, the OPG can step in. The Court of Protection has the authority to remove attorneys, cancel an LPA, or make specific decisions to protect you.

Are LPAs Actually Safe to Use?

Yes. LPAs are far safer than many people realise. From the certificate provider and optional notifications to OPG checks and ongoing legal oversight, each stage of the process is designed to protect your rights, wishes, and wellbeing.

A Lasting Power of Attorney is not a risky document when completed correctly. It is a carefully regulated legal tool built around consent, transparency, and accountability. Whether you apply online or through a solicitor, following the correct process ensures your future decisions are protected.

Power of Attorney Online guides you through each step clearly and securely, helping you complete your LPA accurately and with confidence. Planning ahead has never been safer or more reassuring.