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

  • “Jan is excellent with clients. She approaches complex cases with confidence and skill.”

  • “I think this firm has excellent strength and depth in this area, for both contentious and non-contentious work, and they can hold their own against any other firm.”

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 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 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 matters such as 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 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 where an individual’s life of welfare is at risk.

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 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 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.

Speak to a Wills & Probate Solicitor today

For a free initial conversation call 020 7485 8811

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






    • A private client team offering a range of services to assist with private client matters including trust and probate services. A friendly approach with a keen eye for detail.

      Legal 500 2024

    • I have been a client of this firm for a number of years and been impressed by particular individuals, the care and thoughtfulness with which they have worked.

      Legal 500 2024

    • An efficient firm which provides an excellent service at highly competitive charging rates.

      Legal 500 2024

    • The team receives a steady flow of instructions from high-net-worth individuals and families on an array of tax planning, wealth preservation, estate and succession planning issues

      Legal 500 2024

    • I think this firm has excellent strength and depth in this area, for both contentious and non-contentious work, and they can hold their own against any other firm.

      Legal 500 2024

    • I have found them to be incredibly knowledgeable and pragmatic in settling claims for their clients.

      Legal 500 2024

    • The contested estates team is strong with talented young solicitors doing good quality work

      Legal 500 2024

    • The nimble team acts for a broad range of high-net-worth individuals and families on a variety of complex estate and trust litigation.

      Legal 500 2024

    • Osbornes has a ‘strong private client department’ and ‘the firm seems to be going from strength to strength’.

      Legal 500 2024

    • Thank you for managing my case, following a complete fiasco before I contacted Osbornes Law. I know that the work involved was rather complicated, possibly frustrating and often time consuming. I was impressed with your current knowledge of the case when we had the first meeting at your office. I regard a face-to-face meeting as imperative in developing positive relationships. Members of your team, such as Alex and Ella were impressive too, with their efficient, friendly manner of working.
      I am grateful for your patience, advice and excellent support at a difficult time. Hopefully it won't be necessary to contact you again regarding this matter! I will definitely use Osbornes Law in the future.

      Client

    • "Commitment to the cause, willingness to go the extra mile and complete command of the area mean they always give the right advice and do the best job possible."

      Legal 500 2023

    • "They are completely committed to doing the absolute best they can for every single client. They are bright, knowledgeable and innovative."

      Legal 500 2023

    • "This team perhaps does not have the reputation in this area it ought to have. It quietly handles some very big, high profile disputes. It has an expert team to do so and provides sensible pragmatic advice to its clients."

      Legal 500 2023

    • "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."

      Legal 500 2023

    • "I wish to thank you for your advice, efficiency and professionalism throughout which has been greatly appreciated."

      Client review

    • "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

    • "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."

      Legal 500 2021

    • "I find Osbornes’ client-friendly approach welcoming and refreshing"

      Legal 500 2021

    • "A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."

      Legal 500 2021

    • 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.

      Client Review

    • "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 - Jan Atkinson

    • The team is very caring, experienced and detailed and was clear about the  next steps and offered very helpful advice and suggestions

      Legal 500

    • 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

      Legal 500 2020 - Jan Atkinson

    • A small but formidable team, punching above its weight. Jan Atkinson is a seasoned pro. Approachable but no push-over

      Legal 500 2020 - Jan Atkinson

    • "They are an outstanding firm to work with. They are consistently impressive in their work."

      Chambers UK

    • "Elspeth Neilson is very reliable and practical."

      The Legal 500

    • "The team frequently deals with cross-border estates for high–net-worth individuals."

      The Legal 500

    • "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."

      Chambers UK

    • The situation was handled by your extremely competent, efficient hands - I would not hesitate to recommend Osbornes to others.

      Wills, Probate and Disputed Estate Client

    • "Service prompt and effective. I have absolute confidence in Maggie."

      Wills, Probate & Disputed Estates Client

    • I am happy with the service that I got and would recommend you to other potential clients.

      Wills, Probate & Disputed Estates Client

    • I found Osbornes always very helpful and efficient.

      Wills, Probate & Disputed Estates Client

    • We are very pleased with the services of Osbornes. Highly professional and through with close attention to detail.

      Wills, Probate & Disputed Estates Client

    • I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.

      Wills, Probate & Disputed Estates Client

    • Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.

      Wills, Probate & Disputed Estates Client

    • Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.

      Wills, Probate & Disputed Estates Client

    • We have found your service to date as the most informative we have come across.

      Wills, Probate & Disputed Estates Client

    • Osbornes Solicitors always responded promptly to any request for information I had.

      Wills, Probate & Disputed Estates Client

    • “Geoffrey’s affairs were dealt with just the right combination of friendliness and professionalism, which really helped.”

       

      Wills, Probate & Disputed Estates Client

    • Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.

      Chambers UK

    • I would like to thank everyone in my case for the excellent job!

      Wills, Probate & Disputed Estates client

    Accreditations

    • Times best law firm 2024
    • Spears 500 logo
    • legal 500 leading firm
    • chambers logo

    Wills and Probate News and InsightsVIEW ALL

    1. 14.2.2024

      What is Proprietary Estoppel?

      What is Estoppel? In general terms, estoppels operate where one party has acted on the basis of a statement made...

      Read more
    2. 14.2.2024

      Duties of Trustees

      When someone sets up a trust, they will appoint trustees to manage the trust and its assets. The exact duties...

      Read more
    3. Deed of variation to a will
      3.11.2023

      Deed of Variation: Making a Change to an...

      What is a deed of variation? After someone dies, it is possible for the beneficiaries to change the way the...

      Read more
    4. Constructive Trusts
      31.10.2023

      Constructive Trusts

      Property rights are not always clear-cut. Sometimes, a person who does not legally own a property could be entitled to...

      Read more
    5. Forged will pic
      31.10.2023

      Forged Wills

      If the contents of a will comes as a surprise, then one of the things to consider is whether the...

      Read more
    6. man looking at a lake
      31.8.2023

      Can Someone With Dementia Make A Will or...

      It’s a sad reality in an ageing population that more people than ever suffer from dementia in the UK....

      Read more
    7. waiting
      31.8.2023

      Can a Lasting Power of Attorney Be Challenged?

      The number of people recognising the importance of making a Lasting Power of Attorney (LPA) has risen dramatically in recent...

      Read more
    8. older lady
      2.8.2023

      Undue Influence in Wills

      Contesting a Will Due to Undue Influence Undue influence occurs when someone pressurises another person to change their Will in...

      Read more
    9. 10 tips
      26.7.2023

      Wills Disputes: The Duty To Account Is Not...

      Beneficiaries frequently ask us whether trustees or personal representatives can be required to provide a financial account. Their request may...

      Read more
    10. 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
    11. 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
    12. older couple
      9.6.2023

      Of Bad Character: Undue Influence Claim Succeeds

      Naidoo v Barton: undue influence and the risks of mutual wills Can someone’s bad character be used to prove...

      Read more
    13. 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
    14. 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
    15. 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
    16. 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
    17. 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
    18. house in regents park london
      15.11.2022

      Contentious Probate Case Studies

      Contentious probate involving business assets Our contentious probate solicitors act for the defendants to a claim issued to pronounce in...

      Read more
    19. 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
    20. 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
    21. 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
    22. 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
    23. older man on a bench
      1.1.2022

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

      There are several ways of doing this. If sufficient assets are available apart from the family home, dividing those between...

      Read more
    24. 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

    VIEW ALL

    Speak to a Wills & Probate Solicitor today

    For a free initial conversation call 020 7485 8811

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






      The Wills & Probate Team View the whole team

      View the whole team