How Safe Is a Lasting Power of Attorney? A Closer Look at the Checks and Safeguards
07th July 2025
When it comes to planning for the future, setting up a Lasting Power of Attorney (LPA) is one of the most powerful steps you can take. But with that power comes understandable concern: how can you be sure an LPA won’t be abused? What safety checks are in place to protect the person (the “donor”) making it?
Good news: there are several built-in protections throughout the LPA process that help ensure it’s set up correctly, freely and with proper oversight. Let’s take a closer look at them.
1. Certificate Provider Safeguard
One of the most important safety nets in the process is the certificate provider. This is an independent person who signs the LPA form to confirm that:
- You understand what the LPA is and what it means,
- You’re not being pressured or influenced by someone else,
- There’s no fraud or undue influence at play.
The certificate provider must be someone you’ve known personally for at least two years, or a professional like a doctor or solicitor. They cannot be an attorney or a relative of an attorney, so there’s no conflict of interest.
2. Optional People to Notify
When completing the LPA, you have the option to list people to be notified when the application is being registered. This gives them time (three weeks) to raise any concerns with the Office of the Public Guardian (OPG). It’s an extra layer of protection, especially useful if you don’t have a professional certificate provider.
3. Review by the Office of the Public Guardian (OPG)
Once your LPA is completed and signed, it must be submitted to the OPG for registration. This is a formal process, and the OPG checks:
- That the form is completed correctly,
- That all parties have signed in the right order,
- That no one has been improperly appointed,
- That no red flags appear in the application.
If concerns are raised, either through the people to notify or the OPG’s own checks, the registration can be paused or rejected, and even investigated.
4. Ongoing Oversight
Once registered, attorneys are legally bound to follow the donor’s best interests under the Mental Capacity Act 2005. If they abuse their powers, the OPG can investigate and even remove them.
Far from being a risk, a properly made LPA comes with multiple safety checks to protect the donor. From certificate providers to OPG registration and legal duties on attorneys, the process is designed with care, clarity and security in mind.
Need help getting started with your own LPA? Our team at Power of Attorney Online can guide you every step of the way, safely and simply.
