Form Lpa 001 – Fill Out and Use This PDF

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This notice must be signed by all parties applying to register the lasting power of attorney.

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Signed

Dated

D D M M Y Y Y Y

How to object to the registering of a Lasting Power of Attorney (LPA)

You can ask the Ofice of the Public Guardian (OPG) to stop the LPA from being registered if one of the factual

grounds at (A) below has occurred. You need to tell us by completing Form LPA007 which is available from the

OPG and by providing evidence to accompany it. You must send us the completed LPA007 form within three weeks from the date this notice was given. Failure to tell us could result in the LPA being registered.

(A)Factual grounds – you can ask the Ofice of the Public Guardian to stop registration if:

•The Donor is bankrupt or interim bankrupt (for property and inancial affairs LPAs only)

•The Attorney is bankrupt or interim bankrupt (for property and inancial affairs LPAs only)

•The Attorney is a trust corporation and is wound up or dissolved (for property and inancial affairs LPAs only)

•The Donor is dead

•The Attorney is dead

•That there has been dissolution or annulment of a marriage or civil partnership between the Donor and

Attorney (except if the LPA provided that such an event should not affect the instrument)

•The Attorney(s) lack the capacity to be an attorney under the LPA

•The Attorney(s) have disclaimed their appointment

Form LPA007 is available from the OPG on 0300 456 0300 or gov.uk/power-of-attorney

You have the right to object to the Court of Protection about the registration of the LPA, but only on the grounds mentioned at (B) below. To do this you must contact the Court and complete the application to object

form they will send you. Using that form, you must set out your reasons for objecting. They must receive the objection within three weeks from the date this notice was given. You must also notify the OPG when you object to the Court by using the separate form LPA008 that is available to download from www.justice.gov.uk/ global/forms/opg/lasting-power-of-attorney/index.htm. Failure to notify the OPG of an objection may result in

registration of the LPA.

Note: If you are objecting to the appointment of a speciic attorney, it may not prevent registration if other

attorneys or a substitute attorney have been appointed.

(B)Prescribed grounds – you can only object to the Court of Protection against registration of the LPA on the following grounds:

•That the power purported to be created by the instrument* is not valid as a LPA. e.g. the person objecting does not believe the donor had capacity to make an LPA.

•That the power created by the instrument no longer exists e.g. the donor revoked it at a time when he/ she had capacity to do so.

•That fraud or undue pressure was used to induce the donor to make the power.

•The attorney proposes to behave in a way that would contravene his authority or would not be in the donor’s best interests.

Note:

* The instrument means the LPA made by the donor.

**Some of the terms used in the 2007 version of the LPA forms are different to those used in this form and in the LPA002.

‘Together’ means the same as ‘Jointly’. ‘Independently’ means the same as ‘Severally’.

‘Named person’ means the same as ‘Person to be told’.

The Court will only consider objections made if they are made on the above grounds. To obtain a Court objection form please contact the Court of Protection at Thomas More Building, Strand, London WC2A 2LL or

Telephone 0300 456 4600.