Lasting Power of Attorney
Lasting Power of Attorney Disputes
Lasting Power of Attorney agreements (formerly known as Enduring Power of Attorney or EPA) give a nominated person (the attorney) the power to manage another person’s (the donor) affairs if they become incapable of making their own decisions. They come in two forms – Health & Welfare and Property & Financial Affairs. They are commonly associated with older people losing capacity, but they also cater for any circumstances were an adult is permanently or temporarily deprived of the ability to decide things, for example following a stroke, serious head injury or due to psychological conditions.
Attorneys have considerable power to make decisions concerning: where the donor will live; the management of their bank accounts and financial assets; what care they receive and where they receive it and end of life decisions.
Types of Dispute
A minority of these arrangements run in to problems, either between attorneys or with the donor’s friends and family. These can include:
- Differences of opinion concerning care packages.
- Issues about the long term management of assets (e.g. shares and investments).
- Accusations that an attorney is benefiting from the assets of the donor.
Through mediation, we offer a cost effective, efficient and private way of resolving Lasting Power of Attorney disputes. These conflicts can compromise the welfare of the donor, rack up thousands of pounds in legal costs and make friends and family unnecessarily anxious about the management of the donor’s affairs.