How Do I Handle Disagreements with My LPA Attorney?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• What Is a Lasting Power of Attorney?
• How Long Does a Lasting Power of Attorney Last?
• At What Age Should I Consider a Lasting Power of Attorney?
• What is the Difference Between the Court of Protection and a Lasting Power of Attorney?

INTRODUCTION

When setting up a Lasting Power of Attorney (LPA), you appoint an individual you trust to make decisions on your behalf should you ever find yourself in a position where you're unable to do so. This designated individual is known as your "Attorney."

Appointing this individual is a significant decision, as your Attorney will have the authority to manage your affairs, such as financial and personal welfare and healthcare decisions.

But what happens if you find yourself in dispute with your Attorney? It happens sometimes.

This article explains the steps you can take to resolve any potential disputes and prevent potential conflicts by appointing the right Attorney.

RECAP: THE ROLE OF AN ATTORNEY

An attorney is appointed to act in your best interests and make important financial and personal welfare decisions, such as healthcare, in case you lose mental capacity. Your Attorney would make those decisions as if you were making those decisions yourself. 

ADDRESSING MINOR DISAGREEMENTS

Minor disagreements are usually down to miscommunication or misunderstanding.

Providing the disputes are not frequent and reoccurring, you can generally resolve them through transparent, open, and candid communication.

SERIOUS BREACHES OF TRUST OR ONGOING DISAGREEMENTS

More serious issues usually involve persistent disagreements with your Attorney or a severe breach of trust. Both of these situations can cause irreparable harm to the relationship.

• Ongoing Disagreements: If you're having frequent disagreements with your Attorney, this could impede the entire estate planning process. Sometimes, this may be down to different personal styles or other factors. If you're experiencing frequent disputes and they're interfering with how you wish to carry out your estate planning activities, then it may be time to move on and find an alternative Attorney.

• Breakdown in Trust: A severe breach of trust can involve financial mismanagement, neglect or abuse, conflicts of interest, acting without transparency or fiduciary care, or any other illegal or unethical action. Since any breach of trust can lead to irreparable harm to the relationship, it's always advisable to move on quickly by removing the individual's Power of Attorney.

HOW TO REVOKE A POWER OF ATTORNEY

If a severe breach of trust occurs, there is a formal process for removing the powers of an Attorney.

You'll need to notify The Office of the Public Guardian (OPG) immediately and follow the legal steps required for removing your Attorney's powers. This involves filling out some forms and providing evidence of the alleged breach of trust or misconduct.

In severe cases leading to legal action, it's always best to consult a solicitor before notifying the OPG to prepare your case objectively and ensure you've covered every angle.

To avoid finding yourself in such a situation in the future, you should carefully consider who to appoint as your Attorney. Here are some factors you might wish to consider:

• Trust: Choose somebody you trust implicitly. Remember, they will have control over your affairs.

• Commitment: Besides having trust in your Attorney, they need to be fully committed to the role. An Attorney's role can sometimes be challenging and time-consuming.

• Empathy and Compatibility: Your Attorney must be willing to act as if you were to make the decisions yourself. So, they should understand your wishes and values well and reflect them when making decisions on your behalf. That's why it's essential to choose somebody you get along with.

• Financial Skills: Your Attorney doesn't need to be a financial expert, but you expect them to make financial decisions on your behalf, so ensure they are financially astute.

• Availability & Response: Ensure your Attorney has the time required to manage your affairs and is living close enough that they can respond to your affairs as the need arises.

• Health: Ideally, your Attorney might be younger than you and have the energy and stamina to carry out their duties when required.

• Fiduciary Awareness: Being an Attorney carries specific fiduciary duties, so ensure they are aware of these, they have no conflicts of interest, and they have no legal or financial disputes which would jeopardise their role and lead to a potential breakdown in trust later.

In addition to these qualities, you should set out your expectations and values in advance, ensuring they fully understand what they are signing up for.

Depending on your budget, you may also wish to insert a greater degree of impartiality by appointing an additional Attorney who might be a professional with no personal interest in your affairs. 

Need to know more?

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.