Powers of Attorney Disputes
Attorneys make and deal with important decisions on behalf of someone who has lost the capacity to make those decisions themselves (known as the donor). This can include managing their finances and making decisions about their health, care or welfare.
Acting as an attorney for someone else under a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) can be challenging and attorneys must always act the donor’s “best interests”.
We understand that sometimes working with a co-attorney is not always straightforward as you may have very different opinions or ideas about how to deal with matters.
Friction can also arise between attorneys and the friends, relatives of the donor (or others)
about what decisions should be made.
What types of dispute occur?
Common areas of dispute include:
- Who should be the attorney(s)
- Whether the donor has lost the capacity needed to make certain decisions
- How the donor’s money should be spent or invested
- Fees (if they are a professional attorney) or claims for expenditure
- The sale of the donor’s assets
- Attorneys making gifts from the donor’s money or assets
- The donor’s will or whether they need a statutory will
- Where the donor should live or what care they may require
There are a number of ways in which disputes involving attorney of LPAs and EPAs can be resolved. These include adopting Alternative Dispute Resolution (ADR) which includes mediation and different types of negotiation.
However, there are also cases which may require the Court’s involvement. This may be to determine the outcome of a dispute or for an attorney to be removed and/or replaced.
Our specialist team of Court of Protection solicitors can assist with resolving attorneyship disputes and making applications to the Court of Protection.
We offer a free initial telephone consultation limited to 30 minutes.
Meet our legal experts
Kurt Lee, Partner and Head of Private Client at Lester Aldridge, has slammed the Government’s announcement of changes to probate fees as a new “stealth tax” on estates.