Who Can Override a Power of Attorney? Rights, Safeguards and Disputes

A Lasting Power of Attorney (LPA) gives someone significant control over another person's finances or healthcare decisions. But what happens when that power is misused? Or when family members disagree with the decisions being made?

This guide explains who can challenge or override a Power of Attorney, the safeguards built into the system, and what to do if you're concerned about how an attorney is acting.

Understanding an Attorney's Legal Duties

Before we look at who can override an attorney, it's important to understand what attorneys are legally required to do. An attorney under an LPA must:

• Act in the donor's best interests at all times
• Consider the donor's past and present wishes, feelings, beliefs, and values
• Take the least restrictive option when making decisions
• Keep the donor's money and property separate from their own
• Keep accurate records and accounts
• Not delegate their authority to someone else (unless specifically authorised)
• Follow any instructions or conditions set out in the LPA

Who Can Override a Power of Attorney?

Several people and institutions have the power to challenge, limit, or override an attorney's decisions:

The donor themselves — if the donor still has mental capacity, they can override any decision made by their attorney, or revoke the LPA entirely. The donor's wishes always come first when they have capacity.

The Court of Protection — the court can make any decision about a person's property, finances, or welfare if it's in their best interests. It can also remove attorneys, suspend their powers, or give directions about how they should act.

The Office of the Public Guardian (OPG) — the OPG can investigate complaints about attorneys and apply to the Court of Protection for action. Anyone can report concerns to the OPG.

Healthcare professionals — for Health & Welfare LPAs, doctors can override an attorney's decision in life-threatening emergencies, or where the decision is clearly not in the patient's best interests. An attorney cannot refuse life-sustaining treatment unless the LPA specifically grants this power.

Other attorneys — if multiple attorneys are appointed, they may need to act jointly (all agree). If one attorney is acting against the donor's interests, the other attorney(s) can challenge them.

Common Reasons for Challenging an Attorney

How to Raise Concerns About an Attorney

Revoking a Power of Attorney

If the donor still has mental capacity, they can revoke (cancel) their LPA at any time. This is the simplest way to "override" an attorney — remove their authority entirely.

To revoke an LPA:

1. The donor must have mental capacity to make the decision
2. Complete a written statement confirming the revocation (a "deed of revocation")
3. Notify the attorney(s) that their appointment has been revoked
4. Notify the Office of the Public Guardian so the register is updated

If the donor no longer has capacity, only the Court of Protection can revoke or amend the LPA.

LPA Disputes in Bridlington and East Yorkshire

Family disputes about Powers of Attorney are more common than people realise, and they can be incredibly stressful. Whether you're an attorney who feels unfairly challenged, or a family member worried about a vulnerable loved one, it's important to get the right advice.

At Safe Harbour Legal, Aaron can help with all aspects of LPA disputes — from informal resolution through to Court of Protection applications. We also help clients set up new LPAs with stronger safeguards to prevent problems arising in the first place.