When a loved one loses the capacity to manage their own affairs, a Lasting Power of Attorney (LPA) can provide vital protection and clarity. However, when siblings are appointed as attorneys—or when one sibling is appointed and others feel excluded—conflict can quickly arise. Disputes over the use or abuse of power, financial decisions, or care arrangements can fracture family relationships and lead to costly legal battles.
At Blackstone Solicitors, we specialise in resolving disputes involving powers of attorney, particularly those that arise between siblings. This article explores the nature of these conflicts, the legal framework surrounding LPAs in England and Wales, and how our solicitors can help families navigate these sensitive and complex situations.
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For a free initial discussion on how we can help you deal with the legal implications of power of attorney disputes, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows an individual (the ‘donor’) to appoint one or more people (the ‘attorneys’) to make decisions on their behalf if they lose mental capacity. There are two types of LPA:
- Property and Financial Affairs LPA – covers decisions about money, property, and financial matters.
- Health and Welfare LPA – covers decisions about medical treatment, care, and living arrangements.
LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used. Attorneys have a legal duty to act in the donor’s best interests and in accordance with the Mental Capacity Act 2005.
Why Do Sibling Conflicts Arise?
Sibling conflicts over powers of attorney often stem from a mix of legal uncertainty, emotional tension, and differing views on what is best for the donor. Common causes include:
- Disagreement Over Decisions
Siblings may disagree on financial decisions, such as selling the family home, paying for private care, or managing investments. They may also clash over health and welfare choices, such as care home placement or medical treatment.
- Perceived Misuse of Power
One sibling may accuse another of misusing the LPA for personal gain—for example, withdrawing funds for their own benefit or excluding others from decision-making.
- Lack of Transparency
Attorneys are expected to keep accurate records and share relevant information with other interested parties. Failure to do so can lead to suspicion and resentment.
- Unequal Appointment
If only one sibling is appointed as attorney, others may feel excluded or mistrustful. Even when multiple siblings are appointed jointly, disagreements can arise over how decisions are made.
- Historical Family Tensions
Long-standing family dynamics often resurface during times of stress. Old grievances, rivalries, or perceived favouritism can fuel conflict over the donor’s care and finances.
Legal Duties of Attorneys
Attorneys under an LPA have strict legal responsibilities. These include:
- Acting in the donor’s best interests
- Making decisions that the donor would have made, where possible
- Avoiding conflicts of interest
- Keeping the donor’s money and property separate from their own
- Keeping accurate records of decisions and transactions
- Consulting with others where appropriate
Failure to comply with these duties can result in investigation by the Office of the Public Guardian, removal as attorney, or even civil or criminal liability.
Resolving Sibling Conflicts
At Blackstone Solicitors, we understand that sibling disputes over powers of attorney are emotionally charged and legally complex. Our approach is tailored to the needs of each family, combining legal expertise with sensitivity and discretion.
- Mediation and Negotiation
Many sibling conflicts can be resolved through mediation, where an independent facilitator helps parties reach a mutual understanding. We can arrange and represent clients in mediation sessions, helping to clarify legal duties and explore practical solutions.
- Legal Advice and Representation
We provide clear, strategic advice to attorneys and concerned family members. This includes reviewing the LPA, assessing compliance with legal duties, and advising on appropriate action. Where necessary, we represent clients in disputes before the Court of Protection.
- Applications to the Court of Protection
If an attorney is acting improperly or if siblings cannot agree on key decisions, an application can be made to the Court of Protection. The court has wide powers, including:
- Removing or replacing attorneys
- Interpreting or terminating an LPA
- Appointing a deputy to make decisions
- Making specific decisions on behalf of the donor
We prepare and present robust applications to the Court of Protection, ensuring our clients’ concerns are heard and addressed.
- Safeguarding and Investigation
Where there are concerns about financial abuse or neglect, we can assist in reporting the matter to the Office of the Public Guardian or local safeguarding authorities. We also help clients gather evidence and protect the donor’s assets.
Preventing Conflict
While some sibling disputes are unavoidable, many can be prevented through careful planning and communication. We advise clients on how to:
- Choose attorneys wisely, considering family dynamics and practicalities
- Appoint multiple attorneys with clear instructions on how they should act (jointly, jointly and severally, etc.)
- Include guidance or preferences in the LPA to clarify the donor’s wishes
- Keep family members informed and involved, even if they are not attorneys
- Maintain transparency and accurate records
We also assist clients in reviewing and updating LPAs to reflect changing circumstances.
Case Studies
Here are examples of how we’ve helped families resolve sibling conflicts over powers of attorney:
- A brother accused of misusing funds under a Property and Financial Affairs LPA was removed by the Court of Protection after we presented evidence of unauthorised withdrawals.
- Two sisters appointed jointly as attorneys disagreed over their mother’s care home placement. We facilitated mediation and helped them reach a compromise that respected their mother’s preferences.
- A daughter excluded from her father’s LPA raised concerns about neglect and lack of transparency. We secured an investigation by the Office of the Public Guardian and supported her application to be appointed as deputy.
- A family dispute over the sale of the donor’s home was resolved through negotiation, with clear terms agreed for the use of proceeds and future care arrangements.
Why Choose Blackstone Solicitors?
Blackstone Solicitors is a leading law firm serving clients across England and Wales. We offer:
- Specialist expertise in powers of attorney, mental capacity, and Court of Protection matters
- A sensitive and strategic approach to family disputes
- Clear, practical advice tailored to your circumstances
- Strong representation in mediation and litigation
- A commitment to professionalism, confidentiality, and client care
Whether you are an attorney facing allegations, a sibling concerned about a loved one’s welfare, or a family seeking to prevent future conflict, our team is here to help.
Conclusion
Sibling conflicts over powers of attorney can be deeply painful and legally complex. They often arise at times of vulnerability and stress, when families are trying to do what’s best for a loved one. At Blackstone Solicitors, we provide expert legal support to help families resolve these disputes with clarity, fairness, and compassion.
If you are involved in a power of attorney dispute or wish to discuss your concerns, contact our team for a confidential consultation. We are here to protect your rights, safeguard your loved one’s interests, and help restore peace of mind.
How we can help
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 Power of Attorney disputes. 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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