What happens if attorneys cannot agree?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
How the donor appointed them decides whether a disagreement is an inconvenience or a total stalemate.
It depends on the appointment
| Appointment | Effect of disagreement |
|---|---|
| Jointly and severally | Either can act alone — no deadlock, but risk of contradictory action |
| Jointly | Nothing can happen until all agree |
| Jointly for some decisions | Deadlock only on the specified decisions |
How to break a deadlock
- Return to the donor's wishes, preferences and any written instructions.
- Get independent professional input — GP, social worker, financial adviser.
- Use mediation before litigation.
- Ask the OPG for guidance on the duties involved.
- Apply to the Court of Protection for a decision as a last resort.
If one attorney is the problem
Report genuine misuse
Where the disagreement is about spending the donor's money improperly, report it to the OPG rather than negotiating. See financial abuse by an attorney.
More detail in disagreements between attorneys.
Common questions
Can one attorney overrule the others?
Only where appointed jointly and severally, and even then acting against the others' clear view invites complaint.
Can the donor decide if they still have capacity?
Yes. While the donor has capacity for that decision, it is theirs to make and the attorneys have no role.
Read next
Where this fits
This page is part of LPA basics. 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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Answer five quick questions to check the service suits you, then start online for £49 per LPA.
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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