We explain what happens when an LPA team cannot agree. Our aim is to keep day‑to‑day decisions moving while protecting the donor’s interests.
Disagreements often centre on care, spending, investments or the sale and management of property. Large gifts usually need court approval, and questions about capacity can make decisions harder.
Most issues settle after a calm meeting or mediation. We encourage early record‑keeping and prompt advice from a solicitor to stop a small disagreement becoming a formal attorney dispute.
The golden rule is simple: attorneys must act in the donor’s best interests, not personal preference. If an LPA asks for joint decisions, one attorney cannot press on alone.
Key Takeaways
- Keep everyday choices moving while protecting the donor.
- Talk, record decisions and seek mediation before court action.
- Act in the donor’s best interests at all times.
- Common flashpoints: money, care and capacity — handle them calmly.
- Early legal advice from a solicitor often saves time, stress and cost.
When joint attorneys disagree under a Lasting Power of Attorney
The key detail is how your LPA is written. The document may appoint people to act jointly or jointly and severally. That single phrase usually decides whether a disagreement causes a full stop or whether one person can take action.
Joint appointment means everyone must agree to make decisions. If one person cannot act, the others normally cannot carry on unless the LPA says they may, or a replacement attorney steps in.
- Joint vs jointly and severally: jointly = all must agree; jointly and severally = one can act alone.
- Real-life deadlock: one wants to pay a care home deposit now; the other wants three quotes. The donor can lose their place while they argue.
- Check limits: your lasting power document may still restrict big moves, like selling property, even where separate action is allowed.
- Practical steps: agree timelines, set an urgent‑decision process and name replacement attorneys to avoid delay.
We always bring the focus back to the donor. The purpose of a lasting power arrangement is to protect them and keep essential decisions moving. For practical tips on avoiding stalls in a joint LPA, see our guide on effective strategies to avoid conflicts in a joint.
Understanding your legal duties under the Mental Capacity Act 2005
The Mental Capacity Act gives us a simple frame to make tough calls with care. It sets out duties so that all decisions support the donor’s welfare. We use the same step‑by‑step test when judging mental capacity and when making choices for someone else.
Best interests decision-making and supporting the donor to decide
Best interests means focusing on the donor’s wishes, values and safety. Choosing a care home is about what suits the donor, not the attorney’s convenience.
Capacity can change with the issue and over time. A person may decide what to eat but not grasp a property sale. We suggest simple questions, familiar settings and professional help to help the donor make their own choices.
Keeping records and consulting relevant people
Good notes protect everyone. Record who was consulted, what options were considered and why the decision was reached.
- Write brief meeting notes.
- List people consulted — family, carers, GP or social worker.
- Explain clearly how the decision serves the donor’s interests.
What the Office of the Public Guardian oversees
The Office of the Public Guardian registers LPAs and checks conduct to reduce abuse or neglect. They can investigate concerns and offer guidance when supervision is needed.
For a plain explanation of attorney duties and family obligations see our guide on power of attorney obligations to family.
Common causes of attorney disputes in families
What looks like a single disagreement often hides years of unmet grievances. We map the common triggers so you can see what really drives the row and act early.
Different views on care, routine and living arrangements
Care choices are deeply personal. One family member may want the donor to stay at home. Another may favour assisted living or a nursing home.
Such decisions need facts, not assumptions. Timelines and clear roles help stop delays that harm the donor.
Personality clashes, mistrust and poor communication
Personality clashes make simple matters hard. One attorney feels excluded. Another feels criticised. Soon every choice becomes a test.
We advise short notes, regular updates and a simple process for urgent decisions.
Family tensions, separation and conflicts of interest
Longstanding family tension, divorce or blended relationships can split family members into sides. Money worries add mistrust.
- Conflicts of interest: an attorney who is also a beneficiary may favour inheritance over wellbeing.
- Mistrust about money often follows when one person has managed finances alone.
- We focus everyone back on the donor. Their welfare, not winning, must guide the matters at hand.
Financial disagreements: property, investments, spending and gifts
Arguments over cash move fast because figures are clear and consequences are visible. Money touches every part of care and future inheritance. That is why sensible, transparent steps matter from day one.
Managing bank accounts, bills and day-to-day finances
We advise simple routines for day‑to‑day affairs. Keep a clear budget, set direct debits and record payments.
Short meeting notes and account summaries for co‑attorneys reduce suspicion. Shared ledgers stop small issues becoming larger ones.
Disagreements about selling or managing the donor’s property
Choices include selling, renting or holding a home for the donor’s return. Each option has practical risks: maintenance, empty property and insurance gaps.
Delays can cost care places or increase expenses. We recommend prompt valuations and written reasons for any major step.
Investment decisions and risk appetite
Investment decisions must match the donor’s likely needs and risk profile. “Playing safe” is not always best for long‑term care costs.
We favour professional advice and a short written strategy to show why a particular approach serves the donor.
Gifts and when court approval is needed for large gifts
Modest, customary gifts are often allowed. Large transfers, such as sums that affect inheritance, usually need Court approval.
“Keep receipts, share summaries and explain big payments.”
- Money causes conflict because it is measurable and affects many people.
- Transparency—receipts, summaries and reasons—reduces mistrust.
- We can set guardrails: valuations, professional advice and proportionate safeguards to protect the donor.
Capacity disputes: was the LPA valid and does the donor still have capacity?
Sometimes the real issue is whether the donor could follow the explanation when they signed the lasting power. Questions then spread to whether they can make a particular decision today.
Two common flashpoints are challenged capacity at the time of signing and capacity for a specific decision now. Both can affect whether an LPA or an action under it is valid.
Challenges to mental capacity at the time the document was made
Concerns here often mention dementia, pressure from a relative or a rushed meeting without clear explanation.
We recommend a contemporaneous record, witness statements and a clinical opinion to show what the donor understood.
Disagreement about current capacity to make a decision
Capacity is not all or nothing. A donor may handle small choices but struggle with complex financial decisions.
Practical steps include a professional capacity assessment and clear notes showing how the donor was supported to decide.
Even if capacity is in doubt, the donor’s wishes and values still guide decisions.
| Issue | Evidence to gather | When to seek help |
|---|---|---|
| Capacity at signing | Witness notes, GP records, explanation given | If major assets or odd timing are involved |
| Capacity for a current decision | Capacity assessment, recent behaviour, communication support | For high‑value or welfare decisions |
| Entrenched disagreement | All records, statements and medical reports | When the Court of Protection may need to give directions |
Where evidence is unclear and the matter is serious, get specialist legal advice. The Court of Protection can provide court protection and directions if an entrenched dispute cannot be settled.
Early resolution options before formal action
A short, focused meeting can turn a deadlock into a clear plan of action. Start by setting a clear agenda, the decision needed and a deadline. Keep the donor’s wishes at the centre of every discussion.
Structured discussions work best when everyone knows what to bring. Ask for facts: care assessments, costs and medical notes. That keeps the talk practical and calm.
Agreeing a simple decision-making process
- Gather the facts.
- List realistic options and their risks.
- Consider the donor’s wishes and best interests.
- Agree the final decision and record it in writing.
Set ground rules: response times, who contacts the care home or bank, and how updates are shared. These small rules stop repeated interruptions and reduce heat in a team.
Using professional input to unlock deadlocks
Sometimes outside advice clears the fog. A GP can clarify care needs. An independent financial adviser can explain affordability. A solicitor can interpret what the LPA allows.
We can act as a calm, experienced team to lay out options, offer practical advice and steer everyone back to workable solutions. Early action protects the donor and limits risk to their assets.
“Practical, recorded decisions now often avoid formal action later.”
For further guidance on contesting wills and options that follow, see our short guide on dispute a will.
Mediation for attorney disagreements: faster, private, practical
A structured mediation session can turn repeated arguments into clear, practical steps.
In plain terms, a trained, neutral mediator helps everyone talk through options. They keep the meeting focused and test compromise ideas. This is often quicker and kinder than a full hearing.
How mediation works in Court of Protection matters
Mediation can start before anyone issues papers. It can also run alongside an ongoing court process. Where safeguarding concerns arise, mediation can work with protective steps.
Key features:
- Private sessions that avoid publicity.
- Short, goal‑driven meetings with a neutral chair.
- Evidence and documents shared in advance so talks remain factual.
What a mediated agreement can cover
Mediation can settle care plans, spending limits, investment strategy and property management. It can also set rules for gifts and for how attorneys will communicate.
We write agreements clearly so responsibilities are obvious. Where needed, an agreement can be recorded and reflected in court directions to give it enforceable weight.
Why the court encourages alternative dispute resolution
The court encourages ADR because it is usually quicker and less costly. It reduces family stress and keeps the focus on the donor’s welfare.
“Mediation often saves time, money and emotional strain.”
We can help you prepare, present evidence and aim for an agreement that protects the donor and avoids lengthy court protection proceedings.
resolving disputes between attorneys uk: when to involve the Office of the Public Guardian
When patterns of concern appear in how affairs are run, the public guardian may need to be alerted. We say this because repeated failings can harm the donor or their finances.
When to contact the Office of the Public Guardian
- Serious ongoing disagreement that stops care or essential payments.
- Clear signs of misuse of funds or unexplained withdrawals.
- Failure to act in the donor’s best interests or risks to their safety.
What the OPG can do: guidance, safeguarding and investigations
The office public guardian can give practical guidance and open investigations. It can arrange safeguarding action if the donor appears at risk.
Do not expect the OPG to referee every simple disagreement. It does not manage day-to-day decisions made for the donor. It focuses on serious concerns and misconduct.
Information and evidence to prepare
Clear records speed any OPG response. Gather timelines, summaries of disputed decisions made and copies of relevant correspondence.
| Type of evidence | Why it matters | Examples |
|---|---|---|
| Financial records | Shows patterns and unusual activity | Bank statements, invoices, property sale documents |
| Decision logs | Explains how and why choices were made | Meeting notes, emails, copies of care plans |
| Professional reports | Independent view on capacity or misuse | GP letters, social-worker reports, solicitor notes |
“Good records protect the donor and help show honest decision-making.”
We can help you prepare evidence, draft clear summaries and advise urgent protective steps if risks are high. Our aim is to keep the focus on safeguarding the donor, not assigning blame.
Applying to the Court of Protection for directions or removal
Some cases reach the point where only the court can make a binding decision for the donor’s welfare. When delay harms the donor, or attorneys cannot act lawfully, an application to the Court of Protection is appropriate.
We explain what follows and how to prepare.
When court action becomes necessary
The tipping point is clear: the donor is at risk, urgent payments stop, or serious allegations need a formal ruling.
In those situations, we recommend prompt legal advice and early contact with a solicitor who knows Court of Protection work.
Possible outcomes: directions, replacement attorneys and protective orders
- The court can give binding directions on a disputed decision.
- It can remove or appoint replacement attorneys or deputies.
- It can make protective orders to stop harm or unauthorised payments.
How to comply with Court of Protection formalities
Forms, notices and correct supporting evidence matter. Mistakes delay outcomes and raise costs.
Collect records, medical reports and a clear explanation of why the application is needed.
| Trigger for court | What court protection can do | Evidence to prepare | Typical response |
|---|---|---|---|
| Urgent risk to donor | Protective orders; urgent directions | Bank records; care notes; GP letter | Days to weeks (urgent route) |
| Deadlock blocking care | Directions; appoint replacement | Meeting notes; witness statements | Weeks to months |
| Allegation of misuse | Removal; investigation orders | Financial audits; reports | Months (complex cases) |
| Unclear capacity at signing | Findings on validity; directions | Medical evidence; solicitor reports | Weeks to months |
“The court’s role is to protect the donor, not to pick sides in a family argument.”
With specialist legal advice we help bring proportionate applications, respond to allegations and keep the donor’s interests central. A skilled solicitor makes the formalities faster and the outcome more likely to protect assets and wellbeing in these matters.
If there is no LPA: deputyship and when the court appoints an independent panel deputy
Absent an LPA, the legal route is deputyship — a court-appointed role that brings ongoing oversight.
We explain deputyship as the court-created alternative when a donor has not named an attorney. The Court of Protection appoints a deputy to make decisions on financial and sometimes welfare matters.
How deputies differ from chosen attorneys and why the process is slower
An attorney is chosen by the donor in advance. A deputy is picked by the court after capacity is lost.
The deputy route is usually longer and costlier. It needs a formal application, reports to the court and regular oversight. Families often find the extra time and administration frustrating.
When the court may refuse a family member as deputy
The court can refuse a nominee if there is a conflict of interest, worrying financial history, evidence of abuse or signs of undue influence.
Ongoing family friction or a need to investigate conduct can also push the court away from appointing relatives or friends.
When an independent panel deputy is appointed
In major family conflicts, the court may appoint an independent panel deputy — often a solicitor or professional trustee.
That choice gives the donor stable, neutral management. It can reduce future conflicts and protect the donor’s interest when families cannot agree.
“An independent deputy can be the cleanest, most protective solution in high‑conflict cases.”
- We advise on deputyship applications and collate evidence for the court.
- We respond to court queries and aim to limit delay and cost.
- Our experience helps move matters towards safe, practical outcomes for the donor.
Costs, risk and protecting the donor’s assets during a dispute
Legal costs and poor communication can quietly eat into the funds meant to pay for care.
Many Court of Protection and related costs are paid from the donor’s estate. This is the usual rule. However, if the court finds an application was made in bad faith or unreasonably, costs can be shifted onto an individual.
How costs are paid and when that can change
That rule matters because drawn-out fights can reduce money for everyday needs. Poor handling of the donor’s affairs risks stripping cash that should cover care and adaptations.
Urgent steps to prevent financial loss
- Freeze questionable transactions with the bank where possible.
- Secure deeds and property keys to stop unauthorised sales.
- Limit or change online banking access and set short-term safeguards.
- Seek rapid court directions if harm is imminent.
We act quickly to protect a client’s finances while allowing reasonable spending for comfort and safety.
Recognising warning signs of abuse or undue influence
Look for sudden changes in spending patterns, isolation of the person, or pressure to make gifts or transfers. These are clear red flags.
| Action | Effect | Urgency |
|---|---|---|
| Freeze accounts | Stops suspicious withdrawals | Immediate |
| Secure property | Prevents unauthorised sales | High |
| Seek directions | Court protection and clear authority | Short-term |
“Acting early to protect a vulnerable person’s money is about care, not punishment.”
We give clear legal advice and practical steps so the donor’s interests stay central. For tips on avoiding joint power problems see avoid joint power problems.
Conclusion
When family tensions rise, a clear pathway protects the donor and keeps essential decisions moving.
We summarise the practical route: check what the LPA allows, follow Mental Capacity Act duties, keep brief records, try a structured discussion and use mediation where possible. If needed, involve the Office of the Public Guardian or the court for directions.
Our team helps clients at every stage — from early advice and document review to mediation support and court applications. We act quickly to protect care, finances and capacity matters with calm, hands‑on experience.
If you are stuck, please visit our estate planning advice to speak with a friendly solicitor. Most cases settle with the right process, the right evidence and a focus on the donor’s best interests.