Conflicts of interest for attorneys
Guidance from Estate Advisory Group
You will often be the donor's child, spouse or business partner. That is normal — but it means some decisions are not yours to take alone.
Common conflicts
- You live in the donor's house and the money is running out.
- You are a co-owner of a property, or a partner in the same business.
- You will inherit under the donor's will and a decision affects the estate's value.
- You are being paid to provide the donor's care.
What to do
- Write the conflict down before you decide anything.
- Ask whether a co-attorney or replacement attorney can take that decision instead.
- Get an independent valuation or professional advice where money is at stake.
- For anything substantial, apply to the Court of Protection — an order costs far less than a dispute.
Reducing the risk when you make the LPA
Donors can help by appointing two attorneys jointly and severally, naming a replacement, or writing a preference that a specific relative be consulted about the family home. See preferences and instructions.
Common questions
Can I buy the donor's house myself?
Not without a Court of Protection order, even at full market value.
Can I pay myself for caring for the donor?
Only with a court order or an express instruction in the LPA. Expenses are different.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group