How Safe Is a Lasting Power of Attorney? A Closer Look at the Checks and Safeguards

07th July 2025

Updated:

8th October 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.

Certificate Provider Safeguards Every Legal UK LPA

One of the most important protections in power of attorney law is the certificate provider. This is an independent person who confirms that:

• You fully understand what an LPA is and what powers it gives,
• You’re not being pressured or influenced by anyone else, and
• You’re choosing your attorneys freely and knowingly.

Your certificate provider must be someone you’ve known personally for at least two years, or a qualified professional such as a doctor, social worker or solicitor. They cannot be your attorney or related to your attorney, ensuring there’s no conflict of interest.

This simple step adds a crucial layer of protection when completing your lasting power of attorney application, whether online or on paper.

Optional “People to Notify” Add Another Layer of Protection

When you apply for a lasting power of attorney, you can choose to name people to be notified when your application is registered. These individuals have three weeks to raise any concerns with the Office of the Public Guardian (OPG).

This safeguard acts as an early warning system, giving trusted friends or relatives a formal opportunity to question anything suspicious before the LPA becomes active.

The Office of the Public Guardian’s Review and Oversight

Every lasting power of attorney must be formally registered with the Office of the Public Guardian before it can be used. During this stage, the OPG checks that:

• All signatures are completed in the correct legal order,
• The form is free from errors or inconsistencies, and
• No signs of fraud, coercion or improper appointment are present.

If concerns arise, from the OPG’s checks or from people notified, registration can be paused, rejected, or referred for investigation.

Legal Accountability After Registration

Once registered, attorneys are legally bound under the Mental Capacity Act 2005 to act only in the donor’s best interests. They must follow strict rules about decision-making and record-keeping. If they breach their duties or misuse their authority, the OPG can investigate and remove them, and, in serious cases, the courts can impose penalties.

This ongoing oversight ensures that even after registration, your LPA remains legally protected and your wishes are respected.

LPAs Are Safer Than You Think

Far from being risky, a Lasting Power of Attorney is designed with multiple checks and balances to protect the donor. From the certificate provider and optional notifications to OPG registration and legal oversight, each stage ensures clarity, consent, and accountability.

Whether you apply for Lasting Power of Attorney online or through a solicitor, following the correct process gives you peace of mind that your future, and your loved ones, are protected.

At Power of Attorney Online, we guide you through every step safely and simply, ensuring your application is completed accurately, signed in the right order, and ready for registration.