Conflicts of interest for attorneys
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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.
Why conflicts are the biggest risk for family attorneys
Most attorneys are close relatives, which is exactly why the Mental Capacity Act 2005 pays such close attention to conflicts of interest. A decision that benefits you, even indirectly, is far more likely to be questioned later by another relative, a bank, or the Office of the Public Guardian — regardless of whether it was actually fair. Spotting the conflict early and handling it openly is what keeps you safe.
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.
Worked example. David is attorney for his mother Sheila and also lives rent-free in a flat she owns. When Sheila's savings run low and the possibility of selling the flat to fund her care comes up, David cannot simply decide against a sale because it suits him. Instead, he writes down the conflict, gets an independent letting agent's valuation of the flat, and asks his sister — Sheila's replacement attorney — to make the final decision with him rather than alone.
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.
How different conflicts are usually resolved
| Situation | Best first step | May need a court order? |
|---|---|---|
| Co-owned property needs selling | Independent valuation, co-attorney decides | Yes, if you are buying or benefiting |
| You provide paid care | Check for an express instruction in the LPA | Yes, without one |
| Family business decisions | Independent professional advice | Often, for major transactions |
| Living rent-free in donor's property | Document the arrangement and its terms | Sometimes, if it changes |
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. None of this removes a genuine conflict entirely, but it gives the conflicted attorney someone independent to defer to.
Disclosure protects you more than avoidance
You cannot always avoid a conflict — you may be the only realistic attorney, or the only one who lives nearby. What protects you is being open about it, getting independent evidence, and never being the sole decision-maker on a transaction that benefits you.
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.
Does being a beneficiary of the donor's will automatically stop me acting?
No — most family attorneys will inherit something. It only becomes a problem when a specific decision directly increases or protects your own share.
What if my co-attorney disagrees with how I have handled a conflict?
Try to resolve it between you and record the discussion. If you cannot agree, the Court of Protection can decide, and it is far cheaper to ask early than to let the disagreement become an OPG complaint.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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