Powers of Attorney Disputes
We’re helping increasing numbers of people with disputes relating to the management of a family member’s affairs, whether they’re challenging or defending decisions. It can be a distressing time, whatever the nature of the disagreement, but our solicitors are experienced in fighting for your best interests.
How can I dispute a power of attorney?
Often, someone who’s concerned about their mental capacity will enter into a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA).
This means appointing a relative or trusted friend to take control of any important decisions on their behalf, if they lose the ability.
The “attorney” must always act in the best interests of the “donor” (the person who chooses them). If you feel someone isn’t doing this, we can help you dispute it.
Disputes tend to happen when there’s a disagreement over whether the donor had the mental capacity to make the LPA or EPA in the first place.
Or it might be that the attorney isn’t doing their duty properly, or even legally.
We can help you deal with disputes concerning:
- Nursing care
- The donor’s will
- Spending by the attorney
- Whether the donor still has capacity
- Investment decisions made by the attorney
- The sale and management of the donor’s property
- Gifts (the attorney needs court approval to make large gifts.)
We can also help you defend a claim that’s been made against you, if you are acting as an attorney.