Read more articles in: Blog, Dispute Resolution, Lorraine Walker

How to challenge and dispute a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint one or more ‘attorneys’ – trusted individuals who make decisions on your behalf if you are no longer able to do so yourself.

This can relate to your property and financial affairs or your health and welfare.

Why you need to be cautious

While an LPA is a powerful and essential tool for planning your future, its misuse can lead to problems.

Without proper understanding and precautions, you might find yourself vulnerable to exploitation, potentially losing control over your financial assets and personal welfare.

Steps to consider when setting up an LPA

Understand the full implications

Before signing any documents, ensure you fully understand what powers you are granting and how these might be used. Our team can explain the terms to you in clear language.

Choose attorneys wisely

Select people you trust implicitly to act in your best interests. It is advisable to appoint more than one attorney to provide checks and balances.

Set boundaries

Specify what your attorneys can and cannot do with clear instructions within the LPA.

How to dispute an LPA

If you believe an LPA was set up without your full understanding, or if you wish to revoke the powers granted, there are several steps you can take:

Contact the Office of the Public Guardian (OPG) – The OPG can provide guidance and help if you have concerns about how an LPA is being used or if you want to challenge the appointment of an attorney.
Legal assistance – Contact our expert solicitors who can help with revoking an LPA or setting up a new one. We can also assist if you need to challenge any actions taken by an attorney under an LPA.
Mediation and conflict resolution – If disputing an LPA with family members or attorneys, consider mediation to find a resolution acceptable to all parties involved.
Court of Protection – As a last resort, the Court of Protection can make decisions about the validity of an LPA and the appropriateness of an attorney’s actions.