A Power of Attorney (POA) is a powerful legal tool in the UK that gives someone the authority to make decisions on behalf of another person, known as the donor. But what happens when things go wrong? Who can override a Power of Attorney in the UK — and under what circumstances?
In this blog, we answer the most searched questions about POAs in 2025, covering everything from who can sign, change, or override one, to whether a will can override a power of attorney. Whether you’re planning your future or dealing with a loved one’s affairs, this guide will help you understand your rights and responsibilities.
Who Can Override a Power of Attorney in the UK?
Under UK law, only specific individuals or entities can challenge or revoke a POA:
- The Office of the Public Guardian (OPG): While the OPG cannot directly override a POA, it investigates attorney misconduct and can escalate cases to the Court of Protection.
- The Donor (You): If you still have mental capacity, you can revoke your POA at any time by submitting a formal Deed of Revocation to your attorney(s) and the Office of the Public Guardian (OPG).
- The Court of Protection: This court intervenes if there’s evidence of attorney misconduct (e.g., fraud, mismanagement) or if the donor lacks capacity to revoke the POA themselves. Family members or concerned parties can apply to the court to challenge the POA’s validity.
Can Someone With Power of Attorney Change a Will in the UK?
No, an attorney cannot change or create a will on behalf of the donor. Wills and powers of attorney are two separate legal tools. A will does not override a power of attorney, nor does a power of attorney override a will. After the donor’s death, the will takes precedence, and the attorney’s powers legally end.
Can a Power of Attorney Be Refused?
Yes, a person asked to be an attorney can refuse the role. If the LPA is already registered and the attorney no longer wishes to act, they must formally notify the donor and the OPG using Form LPA005. If there is no replacement attorney named, the donor may need to appoint someone else — or the Court of Protection may be involved.
Can You Override Power of Attorney?
Yes, but only through legal channels. A friend, relative, or professional can raise concerns with the OPG, and if necessary, apply to the Court of Protection. The court can override a POA if the donor lacks capacity and the attorney is failing in their duties.
Can a Power of Attorney Override a Will?
No. This is a common misconception. A power of attorney applies only while the donor is alive. Once the donor passes away, the will overrides the authority of the attorney, and the executor of the will takes over. So, the power of attorney cannot override a will in the UK.
Can You Have More Than One Power of Attorney in the UK?
Yes. You can appoint more than one attorney, either to act jointly (all decisions together) or jointly and severally (individually or together). This gives flexibility and prevents disruption if one attorney can no longer act.
How Many Powers of Attorney Can You Have?
There’s no legal limit. A donor can appoint multiple attorneys and even have separate LPAs for health and welfare and property and financial affairs. It’s also possible to appoint different people for different areas of life.
Who Can Have Power of Attorney in the UK?
Almost anyone over the age of 18 who has mental capacity and is not bankrupt (in financial LPAs) can be an attorney. Most donors choose a spouse, child, or trusted friend, but it can also be a professional adviser.
Who Cannot Be Power of Attorney?
Someone under 18 or a person who is bankrupt (for financial LPAs) cannot act as an attorney. Also, anyone with a history of financial abuse or coercion may be deemed unsuitable.
Does Power of Attorney Override Spouse UK?
Not automatically. Marriage does not grant legal authority to act on behalf of a spouse. Only a registered LPA gives someone legal authority. Therefore, a power of attorney overrides the rights of a spouse if that attorney is properly appointed.
Do You Have to Pay for Power of Attorney UK?
Yes, registering an LPA with the OPG costs £82 per document (as of 2025), though fee exemptions and reductions may apply for low-income individuals or those receiving certain benefits.
How to Change a Power of Attorney UK
To change or cancel a POA, the donor must have mental capacity. They can revoke the power in writing and notify the OPG. A new LPA can then be created and registered. If the donor no longer has capacity, changes must be approved by the Court of Protection.
Final Thoughts
A Power of Attorney is a safeguard, but it must be used responsibly. Understanding who can override a power of attorney in the UK — and when — can help protect loved ones from abuse or mismanagement.
If you’re unsure about your existing LPA or need help setting one up in line with 2025’s legal updates, our experts at Prestige Wills & Trusts Ltd are here to help.
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