What Happens If Family Members Disagree About an LPA?
Family disputes about LPAs are more common than you might think — and there are formal processes for resolving them.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
A parent names one child as their attorney but not the other. A sibling suspects undue influence. Two joint attorneys cannot agree on selling the family home. These scenarios are more common than people realise, and they can tear families apart at the worst possible time. Understanding the legal framework for handling LPA disputes — and the options available before things escalate — can help families navigate what is often a deeply emotional situation. If you are considering making changes to an existing LPA, our guide on cancelling or changing an LPA explains the formal process.
At a glance
- Anyone can raise a prescribed objection with the Court of Protection during LPA registration, not just named individuals
- Mediation is increasingly encouraged by the court as a faster, cheaper alternative to a full hearing
- Joint attorneys who cannot agree on a decision may render the LPA unusable for that matter, requiring court intervention
- Naming “persons to notify” and having open family conversations before creating the LPA can prevent most disputes
Why Do Families Disagree About LPAs?
Family disagreements about LPAs tend to fall into a few common categories. Recognising the type of dispute is an important first step towards resolving it:
- Choice of attorney — a parent names one child as attorney but not another, leading to feelings of exclusion, distrust, or resentment
- Concerns about capacity — family members believe the donor was already losing mental capacity when they created the LPA, calling its validity into question
- Allegations of undue influence — suspicions that one family member pressured or manipulated the donor into making the LPA or choosing a particular attorney
- Disagreements about how powers are used — once an attorney begins acting, other family members may disagree with their financial or care decisions
- Conflicts between multiple attorneys — where two or more attorneys are appointed jointly and severally, they may disagree about the best course of action
Key point: Many family disputes can be avoided by having open conversations about LPA planning before the documents are created. Explaining your choices to your family can prevent misunderstandings later.
Objecting During the Registration Period
When an LPA is submitted to the Office of the Public Guardian (OPG) for registration, there is a formal window during which certain people can raise objections. The donor can name up to five "persons to notify" in the LPA — these individuals are informed when registration is applied for and given the opportunity to object.
There are two distinct types of objection, each with its own process:
Factual Objections
Made directly to the OPG on factual grounds. Examples include: the donor or attorney has died, the donor and attorney have divorced (where the attorney is the donor's spouse), or the attorney is bankrupt. The OPG can resolve these objections without court involvement.
Prescribed Objections
Made to the Court of Protection on prescribed grounds under the Mental Capacity Act 2005. These include: the donor lacked capacity, the LPA was obtained through undue influence or fraud, or the attorney is unsuitable. These require a court ruling.
Worth knowing: only people named as "persons to notify" receive automatic notification. But anyone can raise a prescribed objection with the Court of Protection if they have genuine grounds for concern. You do not need to be named in the LPA to object on prescribed grounds.
Challenging an Already-Registered LPA
If an LPA has already been registered and a family member has concerns about how it is being used — or believes the LPA itself is invalid — the primary route for challenge is through the Court of Protection. The court has broad powers to investigate and resolve disputes, including:
- Determining whether the donor had mental capacity when the LPA was created
- Investigating whether undue influence or fraud was involved
- Reviewing whether an attorney is acting in the donor's best interests
- Removing an attorney who has breached their duties
- Revoking the LPA entirely if it is found to be invalid
- Appointing a deputy to replace the attorney if necessary
Applying to the Court of Protection requires completing the appropriate forms and paying an application fee of £371. The court process can be lengthy — straightforward cases may take several months, while contested matters can take a year or more. Legal representation is not mandatory but is advisable in complex cases, and costs can be significant. For more detail on how LPAs can be formally challenged, see our dedicated guide.
The Role of Mediation
Not every family disagreement needs to end up in court. Mediation is an increasingly recognised way of resolving disputes about LPAs and the care of a vulnerable person. A trained mediator — who is neutral and independent — helps family members communicate, understand each other's concerns, and work towards a resolution that everyone can accept.
Mediation can be particularly effective in situations where:
- Family members disagree about care arrangements or where the donor should live
- There are communication breakdowns between attorneys and other family members
- Siblings feel excluded from decision-making and want more involvement or information
- Disputes are driven by emotion rather than genuine concerns about misconduct
The Court of Protection itself may suggest or direct parties to mediation before proceeding to a full hearing. Several specialist mediation services exist for disputes involving older people and those who lack capacity. Mediation is typically faster and far less expensive than court proceedings.
Key point: The Court of Protection encourages mediation as a first step in many family disputes. It is quicker, cheaper, and less adversarial than a court hearing.
When Attorneys Themselves Disagree
A specific but common scenario arises when a donor appoints multiple attorneys who then disagree with each other. How this is handled depends on whether the attorneys were appointed to act jointly, jointly and severally, or jointly for some decisions and severally for others:
- Jointly — all attorneys must agree on every decision. If they cannot agree, none of them can act, and the matter may need to be referred to the Court of Protection
- Jointly and severally — each attorney can act independently. While this avoids deadlock, it can lead to conflicting decisions, and other attorneys or family members may need to seek court intervention if one attorney is acting inappropriately
- Jointly for some, severally for others — this hybrid approach can help by requiring agreement on major decisions while allowing flexibility on day-to-day matters
If attorneys appointed jointly cannot reach agreement, the LPA effectively becomes unusable for that decision. In such cases, the Court of Protection can step in to make the decision on the donor's behalf, or it may remove one or more attorneys and appoint a deputy instead.
How to Prevent LPA Family Disputes Before They Start
You cannot guarantee that no disagreements will arise, but there are several practical steps you can take when creating your LPA to minimise the risk:
- Talk to your family about your plans before creating the LPA — explain who you are appointing and why
- Name "persons to notify" in your LPA so that key family members are informed when it is registered
- Consider appointing a professional or independent attorney alongside a family member to provide impartial oversight
- Include clear preferences and instructions in your LPA to guide your attorneys and reduce ambiguity
- Think carefully about whether attorneys should act jointly, severally, or a combination — each has advantages and risks
- Choose a trusted and independent certificate provider who can provide a genuine assessment of your capacity and free will
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Two types of objection exist — factual objections go to the OPG (e.g. attorney has died or is bankrupt), while prescribed objections go to the Court of Protection (e.g. lack of capacity or undue influence)
- Registered LPAs can still be challenged — the Court of Protection can investigate, remove an attorney, or revoke an LPA if misconduct is found
- Mediation is often faster and cheaper — the court encourages mediation before a full hearing, particularly where disputes are driven by emotion rather than genuine misconduct
- Choosing the right attorney structure matters — jointly and severally avoids deadlock, while hybrid arrangements can require agreement on major decisions only
- Prevention is better than cure — open conversations, clear preferences and instructions, and naming persons to notify all reduce the risk of future disputes
Quick Answers on Family LPA Disputes
Can anyone object to an LPA being registered, or only named individuals?
Anyone can raise a prescribed objection with the Court of Protection on grounds such as the donor lacking capacity or undue influence. However, only people specifically named as "persons to notify" in the LPA receive automatic notification when registration is applied for.
What can I do if I believe an attorney is not acting in the donor's best interests?
You can raise a concern with the Office of the Public Guardian, who has the power to investigate. You can also apply to the Court of Protection, which can remove the attorney, revoke the LPA, or appoint a deputy if necessary.
Is mediation an option for LPA disputes, or must they go to court?
Mediation is increasingly used for LPA disputes and is often encouraged by the Court of Protection before a full hearing. It is typically faster, cheaper, and less adversarial than court proceedings, and can be effective when disputes are driven by emotion rather than genuine misconduct.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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