Complaints about an enduring power of attorney

You can make a complaint to us about an enduring power of attorney, or an attorney appointed under that Power.

Where a complaint is made about an attorney appointed under the Powers of Attorney Act 1996, the duties and obligations set out in that law, and not the 2015 Act, apply.

Complaints about an attorney appointed under the 1996 Act must be for one or more of the following reasons:

  • An attorney is acting or proposing to act outside the scope of the enduring power under the Powers of Attorney Act 1996
  • An attorney is not able to perform their duties and obligations as set out in the Powers of Attorney Act 1996
  • That fraud, coercion, or undue pressure was used to get the person to make the enduring power of attorney under the Powers of Attorney Act 1996.

Where a complaint is made about an attorney appointed under the Assisted Decision-Making (Capacity) Act 2015, complaints must be for one or more of the following reasons:

  • An attorney has made or is trying to make decisions that are not included in the enduring power of attorney
  • An attorney is not following the guiding principles or the code of practice for attorneys
  • An attorney is not suitable for the role
  • That fraud, coercion, or undue pressure was used to get the person to make, change or cancel the enduring power of attorney.
  • The person did not have capacity to make an enduring power of attorney at the time it was made
  • The person did not have capacity to register an enduring power of attorney at the time it was registered.