LPA mis-use and hidden intentions
In early 2022, a woman was diagnosed with mixed Alzheimer’s and vascular dementia. Unbeknownst to her or her close family, her daughter applied for Lasting Powers of Attorney (LPAs) just weeks before the diagnosis. The documents were signed in the presence of a witness unknown to the family, and the LPAs were registered without any notification to other relatives, including the woman’s son, our client.
For over a year, the daughter acted as attorney without the knowledge of the rest of the family. It wasn’t until the mother received a letter from her bank confirming that her daughter had access to her accounts that the situation came to light. Concerned about her daughter’s intentions, the mother revoked the LPAs and appointed another family member instead. However, by this point it was too late.
The Office of the Public Guardian (OPG) concluded that while the woman had capacity in January 2023 when she signed the new LPAs, she had lost capacity by March 2023 when she attempted to revoke the original ones. The revocation was deemed invalid, and the matter was referred to the Court of Protection.
The woman’s wishes were clear, but legally she was no longer considered capable of making decisions about her own affairs.
At the same time, the daughter had also obtained Letters of Administration for the mother’s late husband’s estate but misled the family about its true value and the assets involved. The mother was denied access to key documents and funds, including her widow’s pension, which was frozen in a joint account.
When our client, the woman’s son, sought to rectify the situation, the daughter responded by alleging that he was lying and unduly influencing their mother, claiming she lacked the mental capacity to make her own decisions.
Legal Intervention and Court of Protection
Our Dispute Resolution team defended the son against allegations made by the sister and made it clear to the OPG that the mother’s testamentary wishes were consistent and well-documented – but that she was being denied the opportunity to express them herself due to the OPG’s conclusion that she lacked capacity.
We supported the son through the Court of Protection process, ensuring his submissions were clear, evidence-based, and respectful of his mother’s autonomy. Ultimately, the Court appointed a professional deputy from an independent firm to manage the mother’s affairs, removing both siblings from the role.
Inheritance Loss and Financial Impact
The costs incurred by both parties are now being assessed by the Senior Courts Costs Office (SCCO). While our client is receiving costs from the estate, it is extremely unlikely to be a full recovery—both sides will suffer financial loss. Unfortunately, the LPA dispute has drained a portion of the mother’s estate and, by extension, the inheritance that both siblings would have received.
This entire situation could have been avoided had the mother received proper legal advice from a qualified solicitor at the outset. A professionally drafted LPA, with clear guidance on the implications for family relationships, would have prevented the conflict. Given the known tension between the siblings, appointing a professional attorney from the beginning would have protected the mother’s interests and significantly reduced costs for all involved.
How regulated legal advice could have prevented the Lasting Power of Attorney Dispute and Court of Protection process
- Ensure transparency in LPA applications: LPAs should be discussed openly with all relevant family members, especially where capacity is in question.
- Seek legal advice before signing or revoking LPAs: Proper execution and understanding are critical to avoid disputes and invalidation. Had the mother and her son received appropriate legal advice, they would have been guided on how to revoke the original LPA correctly – while she still had mental capacity in January. Unfortunately, the absence of professional legal advice led to a delay, during which the mother lost mental capacity and control of her own affairs.
- Act promptly and accurately in estate administration: Delays and lack of transparency can lead to serious financial and legal consequences.
- Use regulated professionals: DIY or informal arrangements can lead to costly and stressful disputes.
Worried about the misuse of a Lasting Power of Attorney and inheritance disputes?
Our Wills, Trusts and Estate Disputes team specialises in Court of Protection cases and safeguarding the rights of vulnerable individuals.
Get in touch now to ensure your loved ones’ wishes are respected and their estate is protected.
