What If Attorneys Disagree With Each Other or the Donor?

05th January 2026

A Lasting Power of Attorney is designed to make decision making smoother if you ever lose mental capacity. But people are human, and disagreements can happen. Many people ask what happens if attorneys do not agree with each other, or if the donor disagrees with their attorney. Understanding how the law handles this can give real peace of mind.

What Happens If Attorneys Disagree With Each Other?

The outcome depends on how the LPA was set up.

If attorneys are appointed jointly, they must agree on every decision. If they cannot agree, no decision can be made. This can delay important actions such as paying bills or arranging care, and in some cases the LPA may stop working altogether.

If attorneys are appointed jointly and severally, they can act together or independently. This means one attorney can make a decision even if another disagrees. This structure is usually recommended because it reduces the risk of deadlock.

If disagreements become serious or ongoing, concerned parties can raise the issue with the Office of the Public Guardian.

What If the LPA Says Attorneys Must Act Jointly?

Joint appointments are sometimes chosen to increase oversight.

While joint appointments encourage shared responsibility, they also increase the risk of disagreement. If one attorney refuses to act or cannot be contacted, decisions may grind to a halt. In serious cases, the Office of the Public Guardian or the Court of Protection may need to step in to resolve the situation.

This is why many people choose joint and several appointments or include replacement attorneys.

What If the Donor Disagrees With the Attorney?

The donor always comes first.

If the donor still has mental capacity, their decision always overrides the attorney. An attorney cannot make decisions or overrule the donor while the donor is capable of deciding for themselves.

If the donor believes an attorney is acting against their wishes, they can revoke the LPA or make a new one, as long as they still have capacity.

What If the Donor Has Lost Capacity and Disagreement Arises?

This is where safeguards apply.

Once the donor has lost capacity, attorneys must act in the donor’s best interests under the Mental Capacity Act 2005. If a disagreement arises about what is in the donor’s best interests, attorneys should consider medical advice, past wishes, and the views of family members.

If the dispute cannot be resolved, the Office of the Public Guardian can investigate. The Court of Protection can also be asked to make a decision or remove an attorney if necessary.

Can an Attorney Be Removed for Disagreements?

Yes, in certain circumstances.

If an attorney is acting improperly, refusing to cooperate, or not acting in the donor’s best interests, the Office of the Public Guardian can intervene. In serious cases, the Court of Protection has the power to remove or replace an attorney.

This legal oversight exists to protect the donor at all times.

How Can Disagreements Be Avoided in the First Place?

Good planning reduces future conflict.

Disagreements are less likely when donors choose attorneys carefully, appoint them jointly and severally, include clear preferences and instructions, and name replacement attorneys. Talking openly with attorneys before creating an LPA also helps everyone understand expectations.

Disagreements do not mean an LPA has failed. UK law includes clear rules and protections to resolve conflict and protect the donor’s best interests. With the right setup, most disputes can be avoided or managed calmly.

Power of Attorney Online helps you choose the right attorney structure and wording from the start, giving you confidence that your LPA will work smoothly when it matters most.