LPA Disputes: What Happens When Family Members Disagree With an Attorney’s Decisions

When someone loses mental capacity and an attorney begins making decisions under a Lasting Power of Attorney, disagreements between family members are not uncommon. The reality of managing another person’s affairs is complex, and disputes can arise. Family members may question decisions made by an attorney, worry about potential mismanagement, or feel excluded from important choices. Understanding what happens when disagreement occurs, and knowing the options available, can help protect everyone involved. For a full overview of how LPAs work, see our complete guide to lasting power of attorney.

This article explores the common reasons why LPA disputes happen, the steps to take if concerns arise, and how to prevent conflicts from developing in the first place.

What Is Common Reasons for LPA Disputes?

LPA disputes typically emerge when family members have different expectations or concerns about how the document is being used. Understanding the most common triggers can help families anticipate and address issues early.

Attorney Acting Outside Their Authority

An attorney’s powers are defined by the scope of the Lasting Power of Attorney. If an attorney makes decisions or takes actions that fall outside these powers, this constitutes a breach of their authority. For example, an attorney appointed only to manage financial matters has no authority to make healthcare decisions. Family members who become aware of such overreach may legitimately challenge the attorney’s actions.

Perceived Mismanagement of Finances

Financial management is a frequent source of dispute. Family members may question large expenditures, unusual transactions, or concern that the attorney is not managing funds prudently. Even if the attorney is acting within their legal powers, relatives may worry that decisions do not align with the person’s best interests or known preferences.

Disagreements Between Joint Attorneys

When multiple attorneys are appointed, disputes can arise between them if they hold different views about decisions. Some Lasting Power of Attorney documents specify that attorneys must act jointly, meaning all must agree on every decision. Disagreement in such arrangements can create deadlock and cause real difficulty in managing affairs.

Family Members Feeling Excluded

Family members who are not attorneys may feel they have no say in important decisions affecting their relative. This can lead to tension, particularly if those excluded family members have concerns about the direction of care or financial decisions, but no formal mechanism to raise them.

Concerns About Undue Influence

Sometimes, family members may suspect that an attorney is being unduly influenced by third parties, or is using their position for personal gain. These are serious concerns and, if evidence exists, they warrant investigation by the appropriate authorities.

What to Do If You Disagree With an Attorney’s Decision

If you have concerns about an attorney’s decisions, there are several steps you can take. Starting with informal approaches is usually the best first move, as many disputes can be resolved through clear communication.

Raise Concerns Directly

The first step is to speak with the attorney directly. Express your concerns clearly and calmly, focusing on specific decisions or actions that worry you. The attorney may be able to explain their reasoning or provide information that changes your perspective. Many disagreements stem from misunderstanding, and a direct conversation can clarify matters.

Hold a Family Discussion

If the attorney is willing, bringing concerned family members together for a formal discussion can be helpful. This allows everyone to express their views, understand different perspectives, and work towards agreement. It can also help the attorney understand that their decisions are being scrutinised and that they should be prepared to justify them.

Request Detailed Accounts and Information

An attorney under a Lasting Power of Attorney has a legal duty to keep proper records and provide accounts of their management. You can request these documents to review how decisions have been made. If the attorney refuses to provide reasonable information, this itself may indicate a problem that warrants further investigation.

Seek Independent Advice

If informal resolution does not work, consider seeking advice from a specialist advisor. They can review the situation, explain your options, and advise whether your concerns have legal merit. This may prompt a more productive conversation with the attorney, or clarify what formal steps might be necessary.

Who Has the Legal Standing to Challenge an Attorney’s Decision?

Not everyone can formally challenge an attorney’s decision. The people with standing to raise a concern or make an application to the Court of Protection include the donor themselves (if they still have capacity on the specific matter), any other attorney appointed under the same LPA, anyone named as a person to be notified when the LPA was registered, close family members and carers involved in the donor’s welfare, and the Office of the Public Guardian. Health and social care professionals can also raise concerns if they believe the attorney is not acting in the donor’s best interests.

When Can an Attorney’s Decision Be Formally Challenged?

An attorney’s decision can be challenged when there are reasonable grounds to believe the attorney is not acting in the donor’s best interests, is exceeding the powers granted by the LPA, is failing to follow any restrictions or conditions written into the LPA, is not consulting people the donor wanted to be consulted, or is making decisions that the donor would not have wanted. A challenge is not the same as a disagreement. A genuine challenge requires evidence that the attorney’s conduct falls outside what the law permits, not simply that someone else would have made a different choice.

What Is Raising Concerns Informally Before Escalating?

Before reporting to the OPG or applying to the Court of Protection, it is worth trying to resolve the issue informally. Start by speaking directly with the attorney. They may have information about the donor’s wishes that other family members are not aware of, or they may not realise their approach is causing concern. If direct conversation does not resolve the matter, consider involving a mediator or a solicitor who specialises in Court of Protection work. Many disputes stem from poor communication rather than genuine misconduct, and a structured conversation can often resolve things without the cost and stress of formal proceedings.

What Is Reporting Concerns to the Office of the Public Guardian?

If informal steps do not resolve the dispute, or if you believe the attorney is acting fraudulently or contrary to the person’s best interests, you can report concerns to the Office of the Public Guardian (OPG). The OPG is responsible for supervising attorneys and investigating abuse.

What the OPG Can Investigate

The OPG investigates allegations of abuse, fraud, and serious breaches of duty by attorneys. They can examine whether an attorney has acted outside their powers, misused funds, or acted dishonestly. The OPG has statutory powers to investigate and can take enforcement action if wrongdoing is found.

How to Raise a Concern With the OPG

You can contact the OPG to report a concern about an attorney’s conduct. The process typically begins with providing details of your concerns in writing. The OPG will assess whether the matter falls within their remit and, if it does, they will investigate. The investigation may include reviewing documents, requesting information from the attorney, and taking statements.

Be aware that the OPG investigates serious matters involving abuse or dishonesty. Minor disagreements about how the attorney is managing affairs may not fall within their remit unless there is evidence of actual wrongdoing. If you are uncertain whether to report to the OPG, specialist advice can help you understand whether your concerns meet the threshold for an OPG investigation.

If your concern goes beyond a disagreement and you suspect the attorney is acting fraudulently, financially abusing the donor, or deliberately acting against their interests, this is a safeguarding matter rather than a dispute. Our article on attorney abuse and LPA misuse explains how to recognise the signs and what steps to take.

What Is Applying to the Court of Protection?

The Court of Protection has powers to intervene in LPA disputes. This is typically a more formal route than reporting to the OPG, but it may be necessary if the situation is serious or urgent.

When Court Intervention Becomes Necessary

You might apply to the Court of Protection if an attorney has seriously breached their duty, is acting outside their powers, or if the person’s interests are at immediate risk. The Court can intervene quickly in emergency situations, such as when funds are being dissipated or the person is at risk of harm.

What the Court of Protection Can Do

The Court of Protection has several powers in LPA disputes. It can revoke a Lasting Power of Attorney entirely, removing the attorney’s authority. It can replace an attorney with another individual or a professional deputy. The court can also give directions about specific decisions, order an attorney to account for their management of funds, or make declarations about the attorney’s duties and the extent of their powers.

How to Prevent LPA Disputes

Prevention is far better than resolution. Taking care when creating a Lasting Power of Attorney can minimise the risk of future disputes and make the document work more smoothly.

Choose Attorneys Carefully

Select attorneys who are trustworthy, capable, and willing to take on the responsibility. The person creating the Lasting Power of Attorney should be honest with themselves about whether their chosen attorneys have the judgment, financial acumen, and honesty required. If possible, choose people who get on well with each other and with wider family members, so they can work collaboratively.

Be Clear About Your Wishes and Values

Include detailed instructions in the Lasting Power of Attorney, or in a separate letter of wishes, setting out your values, preferences, and priorities. This guidance helps attorneys understand what you would want in different situations and reduces the scope for disagreement about whether their decisions align with your values. The more specific the guidance, the better.

Appoint Multiple Attorneys With Clear Terms

If appointing multiple attorneys, the Lasting Power of Attorney document must specify whether they should act jointly (all must agree), jointly and severally (each can act independently), or in some other specified way. Joint decision making can prevent any single attorney acting inappropriately, but it can also cause delay if the attorneys disagree. The choice should reflect the complexity of affairs and the relationships between the attorneys. Be explicit about your preference.

Include Preferences and Instructions for Specific Situations

If there are particular decisions or situations you feel strongly about, include instructions. For example, you might specify that your home should not be sold unless absolutely necessary, or that your grandchildren should be supported financially for education. Detailed instructions reduce ambiguity and give attorneys clear parameters within which to work.

Communicate Your Plans

Discuss the Lasting Power of Attorney with both your chosen attorneys and other family members. Explain why you have chosen particular individuals, what responsibilities they will have, and what your expectations are. This transparency can prevent misunderstandings and helps family members understand the arrangements before anything goes wrong.

How Elwyn & Mabel Can Help

At Elwyn & Mabel, we specialise in creating Lasting Powers of Attorney that are clear, comprehensive, and tailored to individual circumstances. By working closely with clients during the drafting process, we help ensure that the document reflects the person’s true wishes and that detailed instructions are in place to guide attorneys.

A well drafted Lasting Power of Attorney, created with specialist guidance, significantly reduces the risk of future disputes. We focus on clarity, communication, and providing attorneys with the guidance they need to make confident decisions. If you are concerned about potential family disagreement or want to create a robust Lasting Power of Attorney that minimises disputes, we can provide specialist guidance.

Please note: Lasting Powers of Attorney apply in England and Wales only. Different rules apply in Scotland and Northern Ireland.

Frequently Asked Questions

Can an attorney be removed if family members disagree with their decisions?

Yes, if there is evidence of serious breach of duty, dishonesty, or abuse, an attorney can be removed by the Court of Protection or, in some cases, by the Office of the Public Guardian. However, simple disagreement with decisions is not usually sufficient grounds for removal. The attorney must have acted inappropriately or outside their powers. Specialist advice can help you determine whether your situation meets the threshold for removal.

What happens if two joint attorneys completely disagree on a decision?

If attorneys must act jointly and they disagree, they cannot proceed with the decision until agreement is reached. This can cause delay, but it is a safeguard against inappropriate action. If the disagreement cannot be resolved, the matter may be referred to the Court of Protection, which can give directions. This is one reason why choosing attorneys who communicate well is so important.

Can I challenge a decision an attorney has already made?

Yes, if you believe an attorney has acted wrongly, you can challenge their decision. The first step is to raise the matter with the attorney directly. If that does not resolve the issue, you can report to the Office of the Public Guardian or apply to the Court of Protection. Depending on the nature of the problem, the court can set aside decisions, order the attorney to reverse them, or take other remedial action. The sooner you raise concerns, the easier it may be to address them.

Does the person who created the Lasting Power of Attorney need to be aware of disputes?

If the person is still mentally capable, they have the right to be informed about concerns regarding their Lasting Power of Attorney and can take action themselves. If they lack capacity, disputes should be resolved by the proper authorities, such as the Court of Protection or the Office of the Public Guardian. The focus should always be on protecting the person’s best interests.

What is the difference between involving the OPG and going to court?

The Office of the Public Guardian investigates allegations of abuse and serious misconduct by attorneys. It is a regulatory body and does not directly resolve disputes between family members. The Court of Protection, by contrast, can make orders about how affairs should be managed, who should be appointed as attorney, and can resolve disagreements about the Lasting Power of Attorney. The OPG is appropriate for investigating wrongdoing; the court is appropriate for resolving disputes and protecting the person’s interests when serious problems arise.

TL;DR: LPA Disputes and What to Do About Them

Lasting Power of Attorney disputes arise when family members disagree with decisions made by an attorney, and there are clear steps to resolve concerns ranging from informal discussion to formal court intervention.

• Common causes of disputes include an attorney acting outside their authority, perceived mismanagement of finances, disagreements between joint attorneys, and concerns about undue influence.
• The first step is to raise concerns directly with the attorney and request a clear explanation of their reasoning and detailed accounts of their management.
• Serious concerns about abuse, fraud, or breach of duty can be reported to the Office of the Public Guardian, which has statutory powers to investigate attorneys.
• The Court of Protection can revoke a Lasting Power of Attorney, remove an attorney, or give directions about specific decisions if the situation requires formal intervention.
• Prevention is the best approach: choosing trustworthy attorneys, providing detailed instructions about your wishes, and communicating plans to family members all reduce the risk of future disputes.