When attorneys disagree
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Two siblings, one house, one care decision. The LPA's wording decides how the deadlock is broken.
Start with section 5
- Appointed jointly: every decision needs unanimity, so a disagreement is a genuine deadlock.
- Appointed jointly and severally: either can act alone, which resolves deadlock but creates the risk of one going behind the other.
- Mixed appointment: check which decisions the LPA reserves for unanimity.
- See jointly or jointly and severally.
Practical resolution
- Separate the facts from the feelings: get a valuation, a needs assessment or a professional opinion.
- Focus on the donor's known wishes rather than what each of you would prefer.
- Use a professional — an independent social worker or a mediator — before a solicitor.
- Where money is the argument, consider appointing a professional deputy by consent.
The court route
The court can decide, or remove you both
The Court of Protection can make the specific decision, give directions, or revoke the LPA and appoint a panel deputy at the donor's expense. Costs in contested welfare cases routinely run into five figures.
How the appointment type changes the odds of deadlock
| Appointment | Risk of deadlock | Typical use |
|---|---|---|
| Jointly | High — every decision needs unanimity | Where the donor wants a check on every decision, such as selling the home |
| Jointly and severally | Low — any one attorney can act alone | Everyday finances and health decisions where speed matters more than consensus |
| Jointly for some decisions, severally for others | Moderate — depends on which decisions are reserved | A donor who wants speed day-to-day but agreement on major decisions |
This is set once, in section 5 of the LP1F or LP1H, when the LPA is made — see jointly or jointly and severally. It cannot be changed later without the donor making a new LPA while they still have capacity.
When informal resolution does not work
Where mediation fails or one attorney refuses to engage, the remaining option is an application to the Court of Protection under section 16 or section 23 of the Mental Capacity Act 2005. The court can make the specific decision itself, give directions about how future decisions of that type should be made, or, in serious or repeated cases, remove one or both attorneys and appoint a deputy. Applications are made on form COP1, with a fee of £408, and the court will usually expect to see evidence that informal routes, such as mediation or an independent professional assessment, were tried first before it will consider the matter urgent enough to intervene, so keeping a written record of the attempts made is worthwhile before an application is filed.
Welfare disputes between attorneys are treated seriously by the court because they affect a person who often cannot speak for themselves. Judges frequently ask for an independent report — from a social worker, an advocate, or in medical cases a treating clinician — before deciding, rather than simply preferring one attorney's view over the other's.
Worked example
Brothers Adam and Simon are appointed jointly on their mother Christine's health and welfare LPA. When Christine's dementia worsens, the care home recommends a move to a specialist unit. Adam agrees; Simon believes Christine should stay put with more support at home. Because they are appointed jointly, neither decision can be made without the other's agreement, and the care home cannot act on Adam's instruction alone. The brothers commission an independent social worker's assessment, which recommends the move on safety grounds. Simon accepts the professional recommendation and the deadlock resolves without going to court. Had he still disagreed, either brother could have applied to the Court of Protection for a specific decision under section 16 of the Mental Capacity Act 2005.
Common questions
Can one attorney be overruled?
Not by the other. Only the donor with capacity, or the court, can do that.
Should the donor have appointed only one attorney?
Sometimes. One attorney plus a replacement avoids deadlock while keeping cover.
Can a mediator's decision be made binding?
Not directly. Mediation produces an agreement the attorneys choose to follow; it has no legal force unless it is later put before the court by consent.
What happens to urgent decisions while attorneys are deadlocked?
Health professionals can still act in the donor's best interests under the Mental Capacity Act where a decision cannot wait, even without attorney agreement, particularly in an emergency.
Does persistent disagreement count as grounds to remove an attorney?
It can, if the court finds the disagreement is preventing decisions being made in the donor's best interests, but ordinary disagreement handled reasonably is not by itself misconduct. See removing an attorney.
Read next
Where this fits
This page is part of Disputes and safeguards. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
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
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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