If a person to notify wants to raise concerns about the LPA, they have 3 weeks from the date they were notified to send their objection to the Office of the Public Guardian.
There are rules about the sorts of concerns people can raise. They cannot object to the LPA simply because they do not like it. People can only object to an LPA on ‘factual grounds’ or ‘prescribed grounds’.
Factual Grounds
A person to notify can object to an LPA’s registration if:
- The LPA donor or an LPA attorney has died.
- The LPA donor and an LPA attorney were married or had a civil partnership, and the relationship has legally ended.
- An LPA attorney does not have mental capacity.
- An LPA attorney has decided they do not want to be an attorney anymore (known as ‘disclaiming their appointment’).
- The LPA donor or an LPA attorney is bankrupt, interim bankrupt, or subject to a debt relief order (this only applies to property and financial affairs LPAs).
Prescribed Grounds
A person to notify can object to an LPA’s registration if:
- There was fraud or undue pressure on the donor to make the LPA.
- The LPA is not legally valid – for example, if they believe the donor did not have mental capacity when the LPA was signed.
- The LPA donor cancelled their LPA when they had mental capacity to do so.
- An LPA attorney is acting above their authority or against the LPA donor’s best interests (or the person to notify knows that the attorney intends to do this).
Once you finish making the LPA online, you’ll be able to download the LPA and a ‘People to Notify’ form (LP3).
Most of the form will already be completed, but the applicant must add:
- The date the form will be given or sent to the person to notify (on page 1).
- The date the LPA donor signed the LPA (on page 2).
Just before the applicant sends the LPA for registration, they must give or send an LP3 form to each of the people to notify.
If the applicant is applying to register 2 LPAs for the LPA donor and the people to notify are the same on both, the applicant must send each person an LP3 form for each LPA.
The LP3 form explains on what grounds someone can object to an LPA being registered and how to raise a concern.
The donor can choose up to 5 people to notify. They can’t be the LPA attorneys or LPA replacement attorneys. Many LPA donors choose family members or close friends.
The LPA donor should talk to each person they want to choose to make sure they’re happy to be named in the LPA. During the conversation, the donor should explain that people to notify:
- Do not have to do anything right away.
- Will only be notified when the LPA donor or the attorneys apply to register the LPA.
- Do not have to do anything when they are contacted, unless they have concerns.
Letting people know about the LPA when it’s about to be registered provides extra security. It gives people who know the LPA donor well a chance to raise concerns. This can be particularly important if there’s a long time between making the LPA and registering it.
The donor can choose up to 5 people to be notified about the LPA application. These people have a chance to raise any concerns before the LPA is registered.
Having ‘people to notify’ is optional, though many LPA donors choose family members or close friends.
You will be given a form to download and send to any people to notify once you have finished making the LPA.
They will be people who:
- You know well.
- Would be willing to raise concerns about your LPA if they thought you were under pressure to make it, or if fraud was involved.
They can’t be:
- Your LPA attorney(s)
- Your LPA replacement attorney(s)