An Overview of Disputing Lasting Powers of Attorney
Posted on in Dispute Resolution
A Lasting Power of Attorney (LPA) is a document that enables another person to make decisions in regard to:
- the health and welfare; and/or
- the finances and property of the person making the LPA.
This allows the individual making the LPA, known as the donor, to pass on decision making abilities to their attorney(s) when they no longer have capacity.
The types of LPA
There are two types of LPAs. Health and Welfare gives authority to the attorney to make decisions in respect of the donor’s daily routine, medical care, and needs, and where the donor lives.
Finances and property allow the attorney to manage the donor’s money, bills, bank accounts, pensions, property, investments, and benefits on behalf of the donor.
The key principle
Irrespective of the type of LPA, the attorney is required to act in the donor’s best interests at all times when the donor is unable to make decisions, or otherwise authorises the attorney to help them.
Common disputes
Disagreements and disputes can arise for various reasons and often relate to arguments between attorneys and/or concerns about the misuse of powers. These issues can be complex and emotionally charged, especially given the involvement of family dynamics and the nature of these disputes.
Disputes with an attorney may arise if a relative seeks to object to the LPA either on a factual basis or on a prescribed ground. Factual objections are time sensitive and are based on the grounds that it is factually incorrect to appoint an attorney, for example, if the attorney has died. Prescribed objections require the individual objecting to the LPA to provide evidence to support their objection, and these grounds include where the individual believes the LPA to be incorrect.
Disagreements between attorneys may, for example, involve attorneys having differing views on how to manage the donor’s finances or investments.
Concerns about the misuse of powers may involve a family member or someone close to the donor, suspecting that an attorney has misused and abused their powers by taking money from the donor or mismanaging their assets.
What can be done to address concerns?
Where there are concerns as to how an attorney is handling their responsibilities, it is beneficial to seek early legal advice. Legal assistance may involve restoring lines of communication with attorneys or offering advice in respect of potential claims and seeking to remove an attorney.
Lawyers with expertise in LPA disputes can untangle factually complicated and emotive matters and advise you on the best steps to protect the donor’s interests.
How we can help
We understand that LPA disputes are inherently emotive and stressful for all parties involved. In many cases, resorting to the Court process may not be in the parties’ best interests – this can exacerbate tensions and prolong the resolution process.
Our team is experienced in resolving matters without Court action, and we have a track record of being able to successfully resolve disputes without needing to take the matter to trial.
Sometimes the situation will require taking the appropriate legal steps to ensure the donor’s welfare and finances are protected. Where necessary, we can assist with reporting concerns to the Office of Public Guardian or involve the Court of Protection to revoke the attorney’s powers.
Our team of experts deals with these cases regularly and will be happy to assist you. As a top firm for client satisfaction, we have built a reputation as good listeners who can help break down complex legal jargon into words you can understand and are experts at advising on your specific situation.