Lasting Power of Attorney Disagreements

Resolving a Lasting Power of Attorney dispute

A Lasting power of attorney (LPA) allows trustees to make decisions on behalf of an individual who lacks mental capacity. When a dispute arises it is important to seek legal advice in this complex area of law. Our specialist solicitors can advise on all areas of LPA disputes and challenges.

Contact us

Contact

  • “The agile team at Osbornes acts for a wide range of high-net-worth individuals and families in complex estate and trust litigation, advising on a wide array of contentious trust and estate matters.”

  • “Jan is an expert in international probate work and is praised for a sensible and pragmatic approach to cases.”

What are Lasting Power of Attorney disputes?

Lasting Power of Attorney disputes involve disagreements where an individual has a Lasting Power of Attorney (LPA) in place.

An LPA is a legal document executed by an individual handing power to one or more attorneys to make decisions about the individual’s health and welfare or their finances. Usually, the power is used once the individual has lost the mental capacity to make such decisions themselves, however, it can be used before with permission from the individual.

An LPA must be registered with the Office of the Public Guardian (OPG) before the individual has lost capacity. This enables the attorneys to exercise their powers in assisting the individual.

Typically, an individual will appoint close, trusted family members as their attorneys. However, human nature is such that where people are involved, there is the risk of arguments and disagreements. The risk can be greater in the case of high net worth individuals and in complex cases.

Examples of  disputes that can arise are where:

  • The attorney is not suitable;
  • The attorneys disagree on where the individual should live or what medical treatment they should have;
  • The attorneys have different views on how to spend or invest the individual’s money;
  • The relationship between attorneys may break down and they can no longer make collective decisions if required to do so under the LPA;
  • An attorney may be inappropriately dealing with the individual’s assets, such as stealing or dissipating  the individual’s funds;
  • The attorney may not be acting in the individual’s best interest generally.

The above list is not exhaustive but where there is concern as to the conduct of an attorney or the creation of an LPA assistance from specialist Lasting Power of Attorney disputes solicitors is vital because reporting of such concerns to the the OPG may lead to the matter being transferred to the   Court of Protection.

To speak with a Power of Attorney Solicitor who specialises in LPA disagreements and challenges contact us today. You can call us or fill in an online form and we will contact you.

How do power of attorney disputes solicitors at Osbornes Law help?

Any dispute concerning someone who is unable to make their own decisions on such important matters as their healthcare and finances can be emotive and distressing.

Our solicitors understand this – we spend valuable time looking at the nature of the relationships involved. Most importantly, we consider the needs and bests interests of the individual – including deciphering what decision they would likely have made had they been mentally capable of deciding for themselves.

This approach means it may be possible to resolve the dispute without needing to take court action. Sometimes, reporting concerns to the Office of the Public Guardian will be enough. In other cases, mediation between the parties can resolve the issues without further action becoming necessary.

Power of Attorney Disputes we can help with include:

  • Challenges to an LPA –  Anyone can object to an LPA being registered. You can object if, eg you believe the individual did not have capacity to make the LPA or it was executed fraudulently or under duress;
  • Disputes between attorneys – There may be a breakdown between the attorneys, such that they cannot be expected to make collective decisions for the incapacitated person.
  • Financial abuse – Where it is suspected an attorney has misappropriated the individual’s money or dealing with assets inappropriately or the court can be asked to intervene.
  • Challenges to a deputyship order – A deputy must act in the best interests of the individual who lacks capacity. If they don’t, the Court of Protection can be asked to revoke the order and appoint a different deputy. There can also be challenges to deputyship applications and who is being suggested to act as deputy.
  • Challenges around capacity – Disagreement may arise where it is disputed that the individual actually lacks capacity. In these cases, the Court of Protection may request a jointly appointed expert to assess capacity before making its decision.
  • Arguments relating to payments or gifts – Attorneys and deputies must account to the Office of the Public Guardian for the way they act and spend the individual’s money. Sometimes, disputes can arise around payments made and the Court may be asked to validate such a payment.
  • Specific Issue/Emergency applications – applications on a single issue can be made to the Court of Protection or in emergency situations where an individuals life of welfare is at risk.

Initiating a dispute

The process of disputing a Lasting Power of Attorney claim or making (or responding) a Court of Protection application can be complex and it will begin with gathering the necessary background information.

We will need to see the original LPA or deputyship order and any evidence you can bring to support your side of the dispute or concerns. We will use this information to help inform the best way forward to build the strongest possible case.

How much do power of attorney disputes cost?

Taking Court of Protection action where the dispute is over the protected party’s finances will involve legal costs. However, usually, a significant proportion of these will be recoverable from the protected party’s own funds.

If the dispute concerns their health and welfare, or court action is not required, we will discuss the legal costs with you at the outset so that you know where you stand.

What are the time limits for bringing a power of attorney dispute claim?

This depends on the nature of the dispute. If you are simply objecting to the registration of an LPA, you have just 3 weeks.

In most other LPA and Court of Protection disputes, proceedings should begin within six years of the date of knowledge that there is a claim (except in the case of fraud or duress). It is best to act as soon as any concerns arise.

Contact us today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you

    • [utm_campaign_i][/utm_campaign_i]
      [utm_source_i][/utm_source_i]
      [utm_medium_i][/utm_medium_i]
      [utm_term_i][/utm_term_i]
      [utm_content_i][/utm_content_i]
      [gclid_i][/gclid_i]

    • "Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"

      Legal 500 2021

    • Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.

      David A, Trustpilot Review

    • "Bridget is clear and concise in court and in her written work."

      Chambers UK 2023

    • "I am proud to be a private client of Osbornes Solicitors LLP, a client of many years. I appreciate the swift and efficient work of the Private Client Department Team."

      Client

    • Lisa Pepper is a noted collaborative lawyer, and recently acted successfully on a client's leave to remove application to Australia.

      Legal 500

    Accreditations

    • Times best law firms 2023

    New and Insights From our LawyersVIEW ALL

    1. international map and money
      9.6.2023

      Will Dispute Case Law

      New Births And New Relationships? Review Your Will To Avoid A Dispute You’d imagine a wealthy businessman with assets...

      Read more
    2. diamond held by tweezers
      9.6.2023

      Proprietary Estoppel Case Law

      On A Lick And A Promise? The First Hurdle In Proprietary Estoppel Claims Solicitors are increasingly instructed by clients who...

      Read more
    3. lady holding a cup
      22.5.2023

      Case Law: Dementia-Induced Mild Cognitive Impairment

      Dementia is a harsh reality for increasing numbers of families. Sadly, it means the disputed wills solicitors at Osbornes Law...

      Read more
    4. eu flags
      26.4.2023

      German Court Rules on EU Succession Regulation

      Succession laws vary from country to country which historically made the administration of cross-border estates potentially complex. Since 17 August 2015, the...

      Read more
    5. couple holding hands
      16.3.2023

      Are trusts protected from divorce?

      Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets. ...

      Read more
    6. the moon
      1.3.2023

      How to prevent someone contesting a will

      It is fairly rare in my experience for a parent to write a child out of their will but that...

      Read more
    7. primrose hill london
      8.2.2023

      Gifting Property to Children

      Can I gift property to my children? Gifting a property to your adult children is a relatively complex transaction but...

      Read more
    8. house in regents park london
      15.11.2022

      Contentious Probate Case Studies

      Contentious probate involving business assets Osbornes Law acts for the defendants to a claim issued to pronounce in favour of...

      Read more
    9. last will and testament disputes
      27.10.2022

      Contesting A Will Case Studies

      Will dispute on grounds of lack of capacity Our contesting a will solicitors acted for the claimants, the adult daughters...

      Read more
    10. Closeup of a hand signing
      2.8.2022

      Do you need to register your trust?

      The Trust Register was introduced in 2017 as part of anti-money laundering regulations. Previously, only trusts with a UK tax liability...

      Read more
    11. Businessman and Male lawyer or judge consult having team meeting with client, Law and Legal services concept
      19.7.2022

      Beware of appointing your children as executors

      Where tensions exist between family members, making your children the executors of your will can cause huge problems with probate,...

      Read more
    12. money in different currencies
      19.1.2022

      Does your will deal with cross-border assets?

      If you own assets in more than one country, it’s important to make a robust Will that deals effectively...

      Read more
    13. 1.1.2022

      Married with children from a previous relationship – how...

      There are several ways of doing this. If there are sufficient assets apart from the family home, it may be...

      Read more
    14. Elderly woman hold smartphone feels disappointed by received bad news
      18.11.2021

      Family Tensions and Deputyship 

      Disputes between a deputy and the family of the individual concerned, can escalate and become increasingly distressing if issues are...

      Read more
    15. 18.11.2021

      Particularly sensitive issues around mental capacity

      Mental capacity, the right to sex and the carer’s risk of prosecution  Does everyone have the right to a...

      Read more
    16. Woman signing document
      25.10.2021

      Inheritance Claims CFA Success Fee Judgment

      The Court of Appeal upholds the recoverability of CFA success fees in 1975 Act claims. An individual who claims reasonable provision...

      Read more
    17. scrap metal
      20.10.2021

      Evidence Needed When Contesting A Will

      ‘Scrap King’ Multi-million Inheritance Dispute Confirms the High Standard of Evidence Needed to Contest a Will   Gary Goodwin, son of...

      Read more
    18. inheritance tax form
      20.10.2021

      Dispute Surrounding Interpretation of Will

      The ‘nil rate band’ offers an incentive to testators to make their will in a tax-efficient manner, maximising the amount...

      Read more
    19. fraud file
      20.10.2021

      Handwriting Expert Witness Concludes Will Forgery

      It’s not unheard of for an individual to forge someone’s will with the aim of securing an inheritance....

      Read more
    20. couple holding hands
      20.10.2021

      Understanding Testamentary Capacity

      What is testamentary capacity? Testamentary capacity refers to a person’s ability, both legally and mentally, to create a valid...

      Read more
    21. toy houses on coins
      20.10.2021

      Contested Will Claim Against Estate Fails

      The recent reported case of Shearer v Shearer highlights that adult children cannot expect an estate to support their affluent...

      Read more
    22. 17.9.2021

      Funding of Probate disputes

      Contentious Probate can be very expensive and clients often find it difficult to find the money to cover their legal...

      Read more
    23. 13.9.2021

      Worldwide Probate Dispute

      The deceased died in Ireland leaving very considerable wealth and assets all over the world, including England, but without leaving...

      Read more
    24. 13.9.2021

      Estate administration with a value of £6million

      In this international probate case, we are acting for the executors in an estate administration with a value of £6million....

      Read more

    VIEW ALL

    Contact us today

    For a free initial conversation call 020 7485 8811

    Email us Send us an email and we’ll get back to you

      • [utm_campaign_i][/utm_campaign_i]
        [utm_source_i][/utm_source_i]
        [utm_medium_i][/utm_medium_i]
        [utm_term_i][/utm_term_i]
        [utm_content_i][/utm_content_i]
        [gclid_i][/gclid_i]