Powers of Attorney Disputes

A Lasting Power of Attorney (LPA) is a vital legal tool that allows an individual (the donor) to appoint someone they trust (the attorney) to make decisions on their behalf if they lose capacity. While LPAs are designed to protect and empower individuals during vulnerable times, they can also give rise to significant disputes, particularly where the attorney’s actions are called into question, or where family members disagree about what is in the donor’s best interests.

At Blackstone Solicitors, we provide expert guidance in navigating LPA disputes, always balancing legal rigour with sensitivity to complex family dynamics.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Very impressed with the service we received thank you.”

– Ellis and Denis Brigham

Causes of Attorney Disputes

Disputes regarding powers of attorney tend to arise from one or more of the following scenarios:

Alleged misuse or abuse of authority: Concerns may be raised about decisions that appear financially motivated, neglectful, or inconsistent with the donor’s wishes.
Conflict between attorneys: Where multiple attorneys are appointed jointly or jointly and severally, disagreements can stall decision-making or create confusion about responsibilities.
Loss of trust: Beneficiaries or family members may believe the attorney is acting against the donor’s interests or failing to communicate transparently.
Lack of capacity and undue influence: Disputes may involve claims that the donor lacked the capacity to create the LPA or that they were coerced into making certain decisions.
Concerns over record-keeping and financial transparency: Attorneys must maintain clear accounts of their decisions and dealings, particularly regarding the donor’s finances.

These disputes can escalate rapidly, especially where care arrangements, significant assets, or complex health decisions are involved.

Legal Duties of Attorneys

Attorneys appointed under an LPA must follow strict legal standards, including:

Acting in the donor’s best interests at all times
Keeping donor assets separate from their own
Avoiding conflicts of interest
Maintaining accurate financial records
Not exceeding their authority under the LPA

Failure to meet these duties can result in legal sanctions, removal of the attorney, or court investigation.

Resolving Disputes

At Blackstone Solicitors, we approach LPA disputes with strategic clarity. Resolution may involve:

Legal advice and correspondence: Clarifying duties and options for concerned parties
Mediation: Facilitating structured discussions between disputing family members and attorneys
Court of Protection applications: Seeking judicial intervention where removal, suspension, or oversight is required
Safeguarding actions: Alerting authorities such as the Office of the Public Guardian when financial or welfare concerns arise

We work closely with clients to determine the best course of action, whether preserving relationships through informal resolution or pursuing formal remedies with urgency.

Preventing Future Conflict

LPA disputes can often be prevented by:

Choosing attorneys with proven reliability and integrity
Communicating donor intentions clearly and in writing
Seeking legal advice during the drafting and registration stages
Keeping open communication among family members and relevant parties

Proactive planning and trusted legal support can help ensure LPAs function smoothly and in the donor’s true interests.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on power of attorney disputes and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to power of attorney disputes. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.