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.
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What are Lasting Power of Attorney disputes?
Lasting Power of Attorney disputes involve disagreements where an individual has a Lasting Power of Attorney (LPA).
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 finances. Usually, the power is used once the individual has lost the mental capacity to make such decisions. 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 complex cases.
Examples of disputes that can arise are where:
- The attorney is not suitable;
- 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 a specialist, Lasting Power of Attorney disputes solicitors is vital because reporting such concerns to the OPG may lead to the matter being transferred to the Court of Protection.
Contact us today to speak with a Power of Attorney Solicitor specialising in LPA disagreements and challenges. 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 unable to make decisions on important financial matters 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 best 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, e.g. 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, so 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. The Court of Protection can be asked to revoke the order and appoint a different deputy if they don’t. 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.
Initiating a dispute
The process of disputing a Lasting Power of Attorney claim or making (or responding to) 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, many of these will usually be recoverable from the protected party’s funds.
If 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 object to an LPA registration, 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.
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I received an outstanding service from Osbornes Law in relation to the processing of a complicated overseas Will. The service provided by Suzanna Baker and Jan Atkinson was very professional, their communication was clear and concise, and I felt that they did all they could to ensure as smooth a progression through probate as could be expected. I would 100% recommend this law firm.
Appreciated the professionalism of my solicitor, Samantha Tayler, in particular her clear explanation of legal terms and situations, her attention to great details which reassured me and put my mind at rest, her patience in helping me to make sure that I was satisfied to all aspects of my will before I signed the final draft. Since I have assets in Malta, she also clarified for me the situation regarding the European Succession Law .
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She brings a depth of experience in estate administration to her respected disputes practice.
Elspeth explained everything very clearly and made us feel comfortable.
I am truly amazed by and exceedingly happy with the rapid progress being made by you and your team in handling matters on my behalf.
"Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
"I find Osbornes’ client-friendly approach welcoming and refreshing"
"Jan Atkinson is a formidable litigator in succession disputes – you want her on your team in any such case"
"A very capable team headed by the wonderful Jan Atkinson. She is both able and charming, which is a winning combination"
"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"
"Osbornes does high-quality work. Jan Atkinson is the go-to partner for independent administrations"
"A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."
"Jan Atkinson is extremely experienced and an expert in this area of law. She is utterly pragmatic, always looking at what the client wants to achieve. She can be extremely tough when she needs to be but always knows when to compromise"
My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"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"
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
A small but formidable team, punching above its weight. Jan Atkinson is a seasoned pro. Approachable but no push-over
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson is "terrific," "extremely professional" and "enormously experienced."
Jan Atkinson's "in-depth knowledge of the non-contentious work gives her an advantage when she's dealing with very difficult contentious issues, because she really understands what has gone wrong and how to get it right"
"Elspeth Neilson is very reliable and practical."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Osbornes feels like a local firm but with a Big City reach."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
The situation was handled by your extremely competent, efficient hands - I would not hesitate to recommend Osbornes to others.
"Service prompt and effective. I have absolute confidence in Maggie."
Elspeth explained everything very clearly and made us feel comfortable.
I am happy with the service that I got and would recommend you to other potential clients.
I found Osbornes always very helpful and efficient.
We are very pleased with the services of Osbornes. Highly professional and through with close attention to detail.
I would like to thank Elspeth Neilson for her kindness and professionalism in dealing with all our legal requirements during this difficult period. It has been a pleasure working with her.
I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.
Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.
We have found your service to date as the most informative we have come across.
Osbornes Solicitors always responded promptly to any request for information I had.
“Geoffrey’s affairs were dealt with just the right combination of friendliness and professionalism, which really helped.”
Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.
Naomi Angell is the doyenne of inter-country adoption and the font of all knowledge in this area.
Elspeth's assistance and services are much appreciated. Her instructions are clear and she managed the process well despite the many external delays beyond her control.
I wanted to say that I am grateful beyond words at the effort Jan Atkinson has been putting in towards fixing our situation.
I would like to thank everyone in my case for the excellent job!
Jan Atkinson has helped me so very much! Thank you!
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Elspeth was unfailingly kind, responsive and very patient. At times she was like a counsellor. She is a star.
This team is perhaps best known for its children work, often involving complex international dynamics.
Osbornes handles a growing stable of wealthy international clients. The firm receives glowing plaudits from clients.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
Accreditations
Wills and Probate News and InsightsVIEW ALL
22.7.2026Sham Declarations of Trust Over London Properties
Declarations of trust over London properties found to be a ‘sham’ Property trusts are a legal tool often utilised to...
Read more- 26.1.2026
Court Removes Trustees for Hostility to Beneficiaries
Trustees removed because of hostility towards beneficiaries When administrating a trust, the trustees manage the assets and therefore owe far-reaching...
Read more - 14.1.2026
Digital Assets Now Count in Your Will
Making a will now that digital assets are recognised as personal property We live in a sophisticated technological age, yet...
Read more - 11.12.2025
MoJ data indicates steep rise in probate claims
Why probate claims are increasing and what this means to families The chances of being involved in probate disputes are...
Read more - 13.10.2025
Isaacs v Green: ‘Needy’ 74-Year-Old Son Wins Inheritance...
A 74-year-old man who was disinherited from his mother’s will has been awarded 25% of her estate. The ruling could...
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20.8.2025High Court Rejects Fraudulent Will in Probate Dispute
Justice for a daughter: High Court rejects fraudulent will in probate disputes In this recent High Court decision [Khatun v...
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15.8.2025What Does the Assisted Dying Bill Mean for...
The growing number of people with terminal illnesses who choose to end their lives at clinics such as Dignitas has...
Read more- 30.7.2025
The Cost of Poorly Drafted Wills
The perils of using an unqualified will-writer: don’t risk the fallout If you’re tempted to use an unqualified...
Read more - 29.7.2025
Dementia & Wills
Contesting a will due to dementia The contested wills and probate team at Osbornes Law represents clients involved in all...
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17.7.2025Key Ruling on Foreign Inheritance Judgment
Foreign judgment setting aside English will could not be registered and enforced in England The contested probate team at Osbornes...
Read more- 7.7.2025
Daughter Wins Care Payment Claim Against Mother’s...
Daughter’s claim for payment for late mother’s care succeeds A judge has allowed a woman’s contractual claim...
Read more - 4.6.2025
Supreme Court Confirms ‘No-Profit’ Rule For Fiduciaries
Trustees: Supreme Court confirms ‘no change’ to ‘no-profit’ rule for fiduciaries The contested probate and trusts team at Osbornes Law...
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15.5.2025When There’s No Valid Will: Lessons from...
When loved ones fall out over an unclear will When someone dies, even the strongest family relationship can come under...
Read more- 9.12.2024
Executors’ and Administrators’ Duties
Introduction When someone dies, others need to take on the formal responsibility for dealing with the deceased’s estate. If...
Read more - 9.12.2024
What To Do When Someone Dies
When a loved one dies, getting to grips with what you need to do can seem bewildering. The first question...
Read more - 6.11.2024
High Court Validates Donation in Will Dispute
High Court validates gift made during Covid lockdown in Will Dispute In what may be one of the first covid...
Read more - 5.11.2024
Protecting Loved Ones with Dementia
If a person lacks capacity how should decisions be made for them? Dementia is a cruel disease, slowly robbing individuals...
Read more - 12.7.2024
Probate Mediation
Why choose mediation for contested probate? At Osbornes, we understand that probate litigation is often highly emotive. Unfortunately, there is...
Read more 
12.7.2024Is A Handwritten Will Legal?
Summary: A handwritten will can be legally valid in England and Wales It must still comply with the legal requirements...
Read more- 25.4.2024
A Guide to Will Trusts
What is a trust in a will ? Setting up a trust in your will can protect assets for your loved...
Read more - 25.4.2024
A Guide to Asset Protection Trusts
One good reason to place your assets into a trust is to protect family wealth without fearing for its future....
Read more - 25.4.2024
What is a Mirror Will?
Mirror wills are mirror images of each other and practically the same in every way. They suit couples, married or...
Read more - 23.4.2024
A Guide to Life Interest Trusts
In today’s complex families, protecting assets for your children while ensuring that a surviving spouse can still enjoy them...
Read more - 23.4.2024
Discretionary Trusts
What is a discretionary trust? With a discretionary trust, there is no automatic right for beneficiaries to receive funds from...
Read more
The Wills & Probate Team View the whole team
Jan Atkinson
Partner
Private ClientSuzanna Baker
Partner
Private ClientKatie de Swarte
Partner
Private ClientElspeth Neilson
Partner
Private ClientJenny Walsh
Partner
Private ClientFlorence Arbuthnott
Senior Associate
Private ClientLesley Boreham
Associate
Private ClientLaura Brogden
Solicitor
Private ClientTahsin Chasmawala
Associate
Private ClientElla Coles
Solicitor
Private ClientEllen Cordery
Trainee Solicitor
Private ClientJoseph Gunn
Associate
Private ClientRachel Hyneman
Senior Associate
Private ClientChloe Knight
Paralegal
Private ClientMaggie Leiper
Consultant
Private ClientJulia Lind Kenward
Solicitor
Private ClientAngela Marangone
Solicitor
Private ClientAdam Matthews
Senior Associate
Private ClientEllie McEvoy
Trainee Solicitor
Private ClientEllie Murray
Solicitor
Private ClientRoshni Pandya
Associate
Private ClientLaura Parkinson
Paralegal
Private ClientTishina Ramkishun
Solicitor
Private ClientDaniel Silverstone
Paralegal
Private ClientView the
whole team
