What Happens When Attorneys Disagree?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 9 April 2026

Two siblings appointed as joint attorneys. One wants to sell mum's house to fund care; the other insists she should stay at home. Neither will budge. What happens next? When a donor appoints more than one attorney, disagreements are always a possibility. How they are handled depends on whether the attorneys were appointed jointly or jointly and severally — and this distinction fundamentally changes the outcome.

Joint Attorneys Must Agree on Everything

If the donor has appointed attorneys to act jointly, all attorneys must agree on every single decision. There is no room for a majority vote or for one attorney to override another. Every decision — whether it is about paying a bill, choosing a care home, or selling an investment — requires unanimous agreement.

This can feel reassuringly safe — no one person can act alone. But it creates significant problems if the attorneys have different views. If joint attorneys cannot agree on a decision, they are effectively deadlocked. Neither attorney can act alone, and the decision cannot be made until they reach agreement. In urgent situations, this can leave the donor without anyone able to make important decisions on their behalf.

If the deadlock cannot be resolved, the only option is to apply to the Court of Protection for a decision. The court can make the specific decision in question, give directions to the attorneys, or in serious cases, remove one or more attorneys and appoint replacements.

Joint and Several Attorneys Can Act Independently

If the donor has appointed attorneys to act jointly and severally, each attorney has the power to make decisions independently. This means that if two attorneys disagree, either one can go ahead and act without the other's agreement.

While this avoids the deadlock problem, it can create a different set of issues. If one attorney makes a decision that the other strongly disagrees with, there is no built-in mechanism within the LPA to resolve the dispute. The dissenting attorney cannot simply overrule or reverse the decision.

In practice, joint-and-several attorneys should try to communicate openly and work together wherever possible, in line with their broader duties as an attorney, even though they are not legally required to agree. If they are unable to resolve a serious disagreement, either attorney can apply to the Court of Protection for guidance.

Hybrid Appointments

Some donors use a hybrid approach, specifying that attorneys must act jointly for certain major decisions (such as selling property) but can act jointly and severally for routine matters (such as paying bills). This can help reduce the risk of deadlock for everyday decisions while still requiring consensus on the most important ones.

The downside is that hybrid arrangements can sometimes create confusion about which decisions require joint agreement and which do not. It is important that any hybrid instructions are drafted clearly and unambiguously to avoid disputes later. For more detail on the number and structure of attorney appointments, see our guide on how many attorneys you can have.

Resolving Disputes Informally

Before involving the Court of Protection, attorneys should try to resolve disagreements through other means:

• Open discussion — often disagreements arise from different perspectives rather than fundamental conflicts. A calm conversation may resolve the issue
• Seeking professional advice — consulting a solicitor, financial adviser, or medical professional can provide objective guidance that helps the attorneys reach agreement
• Mediation — a trained mediator can help the attorneys work through their disagreement and find a solution that everyone can accept
• Referring to the donor's wishes — reviewing the instructions and preferences included in the LPA, and considering what the donor would have wanted, can help guide the decision
• Consulting family members — if appropriate, involving other family members or close friends of the donor can provide additional perspective

The Court of Protection's Role

The Court of Protection is the ultimate arbiter when attorneys cannot agree. Anyone with a legitimate interest in the donor's welfare can apply to the court, including the attorneys themselves, family members, carers, or the OPG.

The court has broad powers to resolve disputes, including:

• Making the disputed decision on behalf of the donor
• Giving directions to the attorneys about how to act
• Removing one or more attorneys
• Appointing a replacement attorney or a court-appointed deputy
• Revoking the LPA entirely if it is no longer workable

Court of Protection proceedings can be costly (application fees start at £371) and time-consuming, which is why informal resolution is always preferable when possible. The court should be seen as a last resort rather than a first step.

What Happens If the Disagreement Can't Be Resolved?

In the worst cases, when attorneys simply cannot find common ground, the Court of Protection has the power to take more drastic action. The court can remove an attorney from their role, appoint a deputy to take over decision-making, or revoke the LPA entirely if it is no longer serving the donor's best interests.

These outcomes are rare — most disagreements are resolved long before reaching this point. But the possibility underlines why choosing the right attorneys and the right appointment type matters so much. Getting the structure right when you create your LPA is the single best way to prevent disputes from escalating to a point where the court needs to step in.

Preventing Disagreements When Creating the LPA

The best way to deal with attorney disagreements is to prevent them in the first place. When setting up your LPA, consider the following:

• Choose attorneys who work well together — think about the personalities and relationships of the people you are appointing
• Include clear instructions — the more specific you are about your wishes, the less room there is for disagreement
• Consider the appointment structure carefully — joint, joint-and-several, or hybrid, depending on your priorities
• Talk to your attorneys — discuss your wishes with them before finalising the LPA, so they understand your expectations
• Name replacement attorneys — if one attorney needs to be removed due to a dispute, a replacement can step in

Frequently Asked Questions

This guide was last reviewed and updated on 9 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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