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Disputing A Power of Attorney

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Is it possible to dispute a Power of Attorney?

Disputes regarding Lasting Power of Attorney (LPA) typically arise when there is disagreement about whether the person granting the power (the donor) had the mental capacity to complete the LPA. Another reason for dispute could be specific actions taken by the appointed Attorney, which may be perceived as not in the best interest of the donor. These actions can include matters such as:

  • The Attorney’s spending habits and instances where the Attorney has gifted themselves money
  • Investment decisions made by the Attorney
  • Sale and management of the donor’s property
  • Nursing care arrangements
  • The donor’s Will

Key considerations when disputing an LPA are as follows:

  • The Attorney is legally obliged to always act in the best interests of the donor.
  • If you believe that the power has been granted to the wrong person or if the individual lacked the capacity to grant the Power of Attorney
  • If the Attorney's actions are not aligned with the best interests of the individual.
  • Conversely, if you are the Attorney facing a challenge regarding your actions, you may need to address the dispute accordingly

Lasting Power of Attorney disputes tend to happen when there’s a disagreement over whether the donor had the mental capacity to complete the LPA. Alternatively, you may be disputing specific actions that an Attorney has taken, so how an Attorney is seen to be dealing with the donor’s affairs. This includes things such as:

  • Spending by the Attorney
  • Investment decisions made by the Attorney
  • The sale and management of the donor’s property
  • Nursing care
  • The donor’s Will
  • An Attorney has gifted themselves money

What to consider when disputing an LPA

An Attorney must always act in the best interests of the donor. You may wish to dispute a Power of Attorney if you consider the power has been granted to the wrong person or the individual did not have the necessary capacity to make the Power of Attorney. You may also have concerns that an attorney’s actions are not in the best interests of the individual. Alternatively you may be the Attorney that is facing the challenge in respect of your actions.

What if I'm having problems with my attorney?

If you’re unhappy with the decisions that are being taken, there are a number of ways you can make a complaint.

  • If you think you’re in immediate danger, contact your local police force or call 999 in an emergency.
  • Raise your concerns with the Office of the Public Guardian, which has responsibility for monitoring attorneys and deputies and can investigate allegations of mistreatment or fraud. It can report concerns to another agency, such as the police or social services, if appropriate.
  • To speak to someone confidentially about your concerns about financial misuse or abuse, call the Hourglass helpline on 0844 840 0786

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At Mikhael Law Solicitors we specialise in Residential Conveyancing and Commercial Property, Personal Injury, Immigration, Will Drafting, Civil Disputes and Litigation, Family Law and Debt Recovery.

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