When attorneys disagree
Guidance from Estate Advisory Group
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.
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.
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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