LPA Disputes: A Step-by-Step Guide for Families in Conflict

When a parent or loved one loses capacity, families expect to pull together.

But when a Lasting Power of Attorney (LPA) is involved, things can quickly unravel.

You might be:

• Worried about how money is being handled

• Shut out of care decisions

• Accused of wrongdoing as an attorney

• Watching siblings turn against each other

• Frightened that irreversible harm is happening

If that’s where you are right now, this guide will walk you through what to do — calmly, practically, and in the right order.

This is not about escalating immediately. It’s about taking the right step at the right time.

First: Understand What You’re Dealing With

In England and Wales, LPAs are regulated by the Office of the Public Guardian and disputes can ultimately be decided by the Court of Protection.

There are two types of LPA:

• Property & Financial Affairs – money, property, bills, investments

• Health & Welfare – care decisions, medical treatment, living arrangements

Most disputes arise because of:

• Lack of transparency

• Poor communication

• Long-standing family dynamics

• Misunderstanding of legal duties

• Fear and anticipatory grief

Before you do anything else, pause and get clear on the facts.

Step-by-Step: How to Raise or Handle an LPA Dispute

Step 1: Get Specific (Avoid Emotional Accusations)

Instead of:

“You’re taking advantage.”

Shift to:

“£7,500 was withdrawn over two weeks and I don’t understand why.”

Write down:

• What happened

• When it happened

• Why it concerns you

• What outcome you’re seeking

Specific concerns are easier to resolve. General accusations escalate conflict.

If you are the attorney being challenged, clarity protects you too.

Step 2: Check the LPA Document Carefully

Many disputes stem from misunderstanding how attorneys are authorised to act.

Check:

• Are attorneys appointed jointly (must act together)?

• Jointly and severally (can act independently)?

• Are there restrictions or guidance written in?

This matters more than most families realise.

Step 3: Request Transparency — Calmly and Clearly

If finances are involved, it is reasonable to request:

• A summary of income and expenditure

• Copies of statements (or reconciled accounts)

• Explanation of major decisions

• Confirmation of how decisions were assessed in the donor’s best interests

If you’re an attorney, maintaining organised records is not optional — it is a legal duty under the Mental Capacity Act 2005.

A calm exchange of information resolves more disputes than families expect.

Step 4: Try a Structured Conversation (If Safe to Do So)

If communication hasn’t fully broken down, consider a short structured meeting with:

• One clear agenda

• Agreed speaking order

• Focus on the donor’s best interests

• Written action points

If conversations repeatedly end in blame, escalation or silence — that’s your signal to move to the next step.

Step 5: Consider Mediation Before Escalating

When trust has fractured, families often need a neutral structure.

Mediation helps you:

• Re-establish communication

• Agree reporting and transparency mechanisms

• Clarify roles between attorneys and relatives

• Create safe, practical next steps

• Reduce the risk of formal investigation

Importantly, mediation focuses on:

“What protects Mum/Dad best?”—not—“Who is right?”

Outcomes often include:

• Monthly financial reporting agreements

• Shared decision-making thresholds

• Independent professional input

• Communication protocols

For many families, mediation prevents permanent breakdown — and protects the person at the centre of the dispute.

Step 6: When to Contact the Office of the Public Guardian (OPG)

There are situations where concerns go beyond misunderstanding.

You may consider contacting the Office of the Public Guardian if:

• There is refusal to provide any financial records

• There are unexplained large transactions

• The donor’s care needs are not being met

• There are signs of coercion or financial abuse

• The attorney appears to be acting outside their authority

Before reporting, prepare:

• A timeline of concerns

• Evidence where possible

• Details of the LPA

• Specific examples

The OPG can investigate and, in serious cases, refer matters to the Court of Protection.

This is a serious step. It can permanently damage relationships. It should be proportionate to the concern.

Step 7: Court of Protection (Usually a Last Resort)

The Court of Protection can:

• Remove an attorney

• Appoint a deputy

• Make binding decisions

• Declare an LPA invalid

However, court proceedings are:

• Expensive

• Slow

• Stressful

• Often funded from the donor’s estate

Where possible, structured resolution first is usually less damaging.

A Quick Pathway Guide

Situation	Suggested Next Step
Poor communication, low trust	Mediation
Need transparency and structure	Mediation
Unexplained large transactions	OPG
Immediate safeguarding risk	OPG (urgent)
Persistent serious breach	Court of Protection

If You Are an Attorney Being Challenged

Do not become defensive.

Instead:

• Keep clear records

• Document best-interest reasoning

• Communicate transparently

• Consider mediation early

Transparency protects you.

If You Are Raising Concerns

Stay:

• Factual

• Specific

• Proportionate

Escalate gradually unless there is genuine urgency.

You Are Not Alone in This

LPA disputes are rarely about greed. They are about fear, grief, exhaustion and family history colliding at a vulnerable time. Handled poorly, they fracture families permanently.

Handled early and calmly, they can be stabilised.

How the Mediation Agency Can Help

We support families across England and Wales who are facing:

• Sibling disputes about finances

• Disagreements about care decisions

• Transparency concerns

• Pre-Court of Protection conflict

Our approach is calm, neutral and structured.

If you’re unsure what step to take next, an initial conversation can help you decide — safely and proportionately.

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Common LPA Dispute Questions

What should I do if I suspect misuse of an LPA in the UK?

Start by clarifying your concerns and requesting financial transparency. If serious concerns remain — such as unexplained large withdrawals or failure to act in the donor’s best interests — you may contact the Office of the Public Guardian for investigation.

Can an attorney under a Lasting Power of Attorney be removed?

Yes. The Court of Protection can remove an attorney if they are not acting in the donor’s best interests or have breached their duties.

Is mediation appropriate for LPA disputes?

Yes. Mediation is often suitable where there is communication breakdown or mistrust but no immediate safeguarding risk. It helps families agree transparency, decision-making structures, and next steps without court.

When should I contact the Office of the Public Guardian?

You should consider contacting the OPG if there is evidence of serious financial misconduct, coercion, neglect, or refusal to provide records.

Do LPA disputes always go to court?

No. Many disputes resolve through structured communication or mediation. Court proceedings are usually a last resort due to cost and stress.

LPA disputes in the UK commonly arise due to concerns about transparency, decision-making authority, or alleged misuse of funds. Families should follow a structured approach: clarify specific concerns, review the LPA document, request financial transparency, attempt structured discussion, consider mediation, and escalate to the Office of the Public Guardian (OPG) where serious concerns exist. Court of Protection proceedings are typically a last resort. Early mediation can prevent family breakdown and protect the donor’s best interests.

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If you need help with an LPA dispute, reach out to our team for a confidential discussion to explore your options and how you can move forward.