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Who Can Override a Power of Attorney UK

Who Can Override a Power of Attorney UK

Updated:

24th September 2025

Setting up a Lasting Power of Attorney (LPA) is one of the most important steps you can take to protect your future. It gives the people you trust the legal authority to make decisions on your behalf if you’re ever unable to do so yourself. But many people worry: once you’ve made an LPA, who can override it in the UK?

The good news is that your wishes are at the heart of the process. There are clear safeguards in place to make sure an LPA is only used properly and only by those you’ve chosen. Still, there are some circumstances where an LPA can be challenged or even overruled.

Can You Override Your Own UK Power of Attorney?

While you still have mental capacity, you remain in full control. You can make your own decisions and you can also change or cancel your LPA at any time.

This means that even if you have appointed attorneys, they cannot override your decisions while you are able to make them yourself.


The role of the Office of the Public Guardian (OPG) on an LPA

The Office of the Public Guardian (OPG) oversees the use of LPAs in England and Wales. If there are concerns that an attorney is not acting in your best interests, the OPG has the authority to step in.

The OPG can investigate complaints and, if necessary, apply to the Court of Protection to have an attorney removed.


Can the Court of Protection Override a Power of Attorney?

The Court of Protection is the body that can ultimately override a Power of Attorney in the UK. If there are disputes (for example, family members believe an attorney is abusing their powers or there’s a disagreement about what’s in your best interests) the court has the authority to make a ruling.

The court can:

  • Cancel an LPA if it wasn’t properly made.
  • Decide whether you had the mental capacity to create the LPA.
  • Remove attorneys who aren’t acting properly.
  • Make one-off decisions or ongoing rulings about your care, welfare, or finances.


What Attorneys Can and Cannot Do

Attorneys do not have unlimited power. They must always act:

  • In your best interests.
  • Within the scope of authority you’ve given them.
  • In line with the law and the Mental Capacity Act 2005.

If they go beyond this (for example, making large financial gifts without approval or making decisions that clearly don’t benefit you) their actions can be challenged by others, investigated by the OPG and overruled by the court.

Summary: Who Can Override a Power of Attorney in the UK?

So, who can override a Power of Attorney in the UK? The short answer is: you can, while you still have capacity; and if you can’t, the Court of Protection can, usually after involvement from the Office of the Public Guardian. These safeguards are in place to ensure your attorneys act properly and that your wishes are respected.

Creating an LPA with Power of Attorney Online gives you peace of mind and with expert guidance, like our checked online service, you can be confident it’s done right from the start.

Start your LPA online now by clicking here.

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