Family disputes over Powers of Attorney are increasingly common, particularly as more individuals seek to safeguard their affairs through legal delegation. While a Power of Attorney is intended to provide clarity and protection, it can also become a source of tension, suspicion, and conflict—especially when family members disagree about who should be appointed, how decisions are made, or whether the attorney is acting appropriately.
At Blackstone Solicitors, we regularly assist clients across England and Wales in navigating the complexities of Power of Attorney disputes within families. These matters often involve sensitive relationships, vulnerable individuals, and significant financial or welfare concerns. This article explores the causes of family disputes, the legal remedies available, and how our solicitors can help resolve issues constructively and lawfully.
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Understanding Powers of Attorney
A Power of Attorney is a legal document that allows one person (the donor) to appoint another (the attorney) to make decisions on their behalf. In England and Wales, the most commonly used form is the Lasting Power of Attorney (LPA), which comes in two types:
- Property and Financial Affairs LPA – enables the attorney to manage the donor’s finances, property, and assets.
- Health and Welfare LPA – allows the attorney to make decisions about medical treatment, care arrangements, and living conditions.
LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used. The donor must have mental capacity at the time of execution, and the attorney must act in accordance with the Mental Capacity Act 2005.
Why Do Family Disputes Arise?
Family disputes over Powers of Attorney can arise for a variety of reasons. These often reflect deeper emotional, financial, or relational tensions within the family. Common causes include:
- Disagreement Over Appointment
Family members may disagree about who should be appointed as attorney. This is particularly common in blended families, estranged relationships, or situations where one child is perceived to be favoured over others.
Concerns may include:
- Lack of trust in the appointed attorney
- Belief that the attorney lacks competence or integrity
- Fear of exclusion from decision-making
- Allegations of Misconduct
Disputes often arise when family members suspect that the attorney is misusing their powers. Allegations may include:
- Financial mismanagement or theft
- Failure to consult with other family members
- Decisions that appear contrary to the donor’s wishes
- Lack of transparency or record-keeping
Such concerns can be deeply distressing, especially when the donor is vulnerable or incapacitated.
- Conflicting Views on Care and Welfare
When a Health and Welfare LPA is in place, family members may disagree about the donor’s care arrangements, medical treatment, or living situation. These disputes can be emotionally charged and may involve:
- Decisions about residential care versus home care
- End-of-life treatment preferences
- Access to the donor by different family members
Even with the best intentions, differing views can lead to conflict and resentment.
- Suspicions of Undue Influence
In some cases, family members believe that the Power of Attorney was created under pressure or manipulation. This may involve:
- A dominant relative influencing the donor’s decision
- Isolation of the donor from other family members
- Rapid changes to legal arrangements following illness or cognitive decline
Such suspicions can lead to serious legal challenges and breakdowns in family relationships.
Legal Remedies for Family Disputes
When family disputes over Powers of Attorney cannot be resolved informally, legal remedies may be necessary. These include:
- Reporting to the Office of the Public Guardian
If there are concerns about an attorney’s conduct, a report can be made to the OPG. The OPG has the authority to:
- Investigate allegations of abuse or misconduct
- Request financial records and explanations
- Issue warnings or guidance
- Apply to the Court of Protection to remove the attorney
Reports should be supported by clear evidence, such as bank statements, medical records, or witness accounts.
- Applying to the Court of Protection
For serious disputes, an application can be made to the Court of Protection. The court can:
- Determine the validity of the Power of Attorney
- Remove or replace an attorney
- Appoint a deputy to act in the donor’s best interests
- Make specific decisions about the donor’s care or finances
Court proceedings can be complex and emotionally demanding. Legal representation is strongly advised.
- Mediation and Alternative Dispute Resolution
In many cases, mediation can help families resolve disputes without going to court. A neutral mediator facilitates discussion, helps clarify misunderstandings, and encourages compromise.
Mediation is particularly useful when:
- The dispute involves multiple family members
- Emotions are running high
- The donor’s welfare is at stake
At Blackstone Solicitors, we offer mediation services tailored to Power of Attorney disputes, helping families find constructive solutions.
Preventing Family Disputes
While some disputes are unavoidable, many can be prevented through careful planning and communication. We advise clients to:
- Choose Attorneys Thoughtfully
The choice of attorney should be based on trust, competence, and the ability to act impartially. It is often wise to appoint more than one attorney, either jointly or jointly and severally, to ensure balance and accountability.
- Communicate with Family Members
Before creating a Power of Attorney, donors should discuss their intentions with family members. Transparency helps prevent misunderstandings and resentment.
- Include Guidance and Preferences
LPAs can include instructions or preferences that clarify the donor’s wishes. This may relate to financial decisions, care arrangements, or consultation with family members.
- Keep Accurate Records
Attorneys should maintain clear records of decisions, expenses, and communications. This protects both the donor and the attorney from allegations of misconduct.
Case Study: A Family Dispute Resolved
Consider the case of Mrs. H, an elderly widow who appointed her eldest daughter as attorney under a Property and Financial Affairs LPA. Her younger son became concerned when he noticed large withdrawals from her account and limited access to his mother.
He contacted Blackstone Solicitors for advice. We reviewed the LPA, examined financial records, and identified discrepancies. We reported the matter to the OPG, which launched an investigation. The daughter was found to have used funds for personal expenses and was removed as attorney. A professional deputy was appointed to manage Mrs. H’s affairs.
The son was relieved, and the family began to rebuild trust. This case highlights the importance of vigilance, legal support, and timely intervention.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide expert legal advice and representation in all aspects of Power of Attorney disputes. Our services include:
- Reviewing Powers of Attorney for validity and compliance
- Advising on concerns about misconduct or undue influence
- Preparing reports to the Office of the Public Guardian
- Representing clients in Court of Protection proceedings
- Facilitating mediation and family dialogue
We understand the emotional and legal complexities involved in family disputes and are committed to resolving matters with professionalism, sensitivity, and care.
Conclusion
Power of Attorney family disputes can be deeply challenging, involving legal, emotional, and relational dimensions. Whether you are concerned about an attorney’s conduct, excluded from decision-making, or facing allegations yourself, it is essential to seek expert legal advice.
At Blackstone Solicitors, we help families across England and Wales navigate these disputes with clarity and confidence. Our goal is to protect the donor’s welfare, uphold legal standards, and support families in finding fair and lasting resolutions.
If you are facing a Power of Attorney dispute or wish to prevent future conflict, contact our team for a confidential consultation.
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of a Power of Attorney dispute. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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