Who Can Override a Power of Attorney UK

01st September 2025

Updated: Tuesday 23rd December 2025

Setting up a Lasting Power of Attorney is one of the most effective ways to protect your future decisions. It allows people you trust to act on your behalf if you lose mental capacity. A common concern, however, is whether a Power of Attorney can be overridden, and if so, by whom.

Below are clear answers to the most frequently asked questions.

Can you override your own Power of Attorney?

Yes. While you still have mental capacity, you remain fully in control.

You can make your own decisions at all times, even if an LPA is registered. Your attorneys cannot override you while you are capable of deciding for yourself. You can also cancel or revoke your LPA at any time while you have capacity by completing a Deed of Revocation.

This safeguard ensures that creating an LPA never removes your independence.

Can attorneys override your wishes?

No. Attorneys cannot override your wishes or act however they choose.

Under the Mental Capacity Act 2005, attorneys must always act in your best interests and follow any instructions you included in the LPA. They must also consider your past and present wishes, beliefs, and values.

If an attorney acts outside their authority or against your interests, their decisions can be challenged.

What role does the Office of the Public Guardian play?

The Office of the Public Guardian supervises attorneys and investigates concerns about how an LPA is being used.

If someone believes an attorney is abusing their powers, acting dishonestly, or failing to act appropriately, they can raise a concern with the OPG. The OPG can investigate, demand explanations, and take action to protect the donor.

In serious cases, the OPG can apply to the Court of Protection to remove or suspend an attorney.

Can the Court of Protection override a Power of Attorney?

Yes. The Court of Protection is the only body that can formally override a Power of Attorney in the UK once the donor has lost capacity.

The court has the authority to:

• Cancel an LPA if it was not validly made
• Decide whether the donor had capacity at the time the LPA was created
• Remove or replace attorneys who are not acting properly
• Make decisions about finances, health, or welfare

The court steps in only when necessary and always aims to protect the donor’s best interests.

Can doctors override a Health and Welfare LPA?

Doctors must respect a valid Health and Welfare LPA once it is registered and the donor lacks capacity.

However, doctors can override an attorney if the attorney is demanding treatment that is unlawful or clinically inappropriate. In these cases, medical professionals must still act within ethical and legal boundaries.

If there is serious disagreement, the issue may be referred to the Court of Protection.

How can you reduce the risk of your LPA being challenged?

Experience shows that most disputes arise from unclear instructions or unsuitable attorney choices.

You can reduce risk by:

• Choosing trustworthy and capable attorneys
• Giving clear instructions and preferences
• Appointing replacement attorneys
• Using a guided service to avoid errors

Setting up your LPA carefully helps ensure it is respected if it is ever questioned.

Who can override a Power of Attorney in the UK?

In summary, you can override your own LPA while you have capacity. If you cannot, the Court of Protection can override it, usually following involvement from the Office of the Public Guardian.

These safeguards exist to protect you, not to undermine your wishes. Creating your LPA with Power of Attorney Online ensures it is accurate, compliant and built to stand up to scrutiny when it matters most.