How to dispute a Lasting Power of Attorney
With average life expectancy on the rise in the UK, people are increasingly looking to appoint someone to take care of their finances, property and healthcare when they can no longer manage these areas themselves. Individuals experiencing the early warning signs of dementia or Alzheimer’s will often arrange a Lasting Power of Attorney (LPA) and appoint a friend or relative to act as an attorney to take care of crucial decisions should they lose mental capacity.
LPAs are obliged to always act in the interests of those who have appointed them, but when this comes into question, problems can arise that need addressing.
Can an LPA be disputed?
Disputes typically arise when a disagreement occurs over the mental capacity of an individual when they appointed an LPA. Whether the LPA is performing their duties correctly is also a common source of conflict, from the inappropriate spending of funds and handling or sale of property to arranging inefficient nursing care. While an LPA can be disputed, meetings between parties involved to discuss problems is always advised.
People who wish to challenge an LPA’s decisions or attorneys that wish to defend their actions can sometimes benefit from a solicitor’s involvement. The institution that deals with those lacking in capacity’s affairs, the Court of Protection, recommends that individuals involved in an LPA dispute first attempt to resolve their dispute amicably before taking formal action.
As qualified mediators, solicitors are specialists in handling such disputes. Working impartially and with consideration, they can help reach a resolution with minimal stress to all involved.