Conflicts Between Attorneys and Limitations of Attorneys.

Explore questions relating to this topic below.

Who Can Object to a Lasting Power of Attorney?

When creating a Lasting Power of Attorney (LPA), there is a section where the donor can enter the details of individuals who will be notified when the LPA is registered.

 

These individuals can raise objections with the Office of the Public Guardian if they believe the donor may have been placed under undue pressure to create the LPA or if there is a suspicion of fraud.

Can a Lasting Power of Attorney be Overruled?

The Office of the Public Guardian (OPG) has the authority to investigate reports made about LPA submissions. If you believe that there has been undue pressure placed on an individual to create an LPA or there is a suspicion of fraud, you should contact the OPG which will then decide whether or not to investigate the issue.

What Happens if Two Attorneys Disagree on a Decision?

Resolving disputes between attorneys named in a Lasting Power of Attorney (LPA) depends on the terms of the LPA document. Decision making under an LPA falls into two categories or a hybrid of the two, namely:

1) Attorneys must make decisions 'jointly', meaning that any decision made on behalf of the donor must be agreed between all of the attorneys. If there is a dispute between attorneys, they must resolve the issue between themselves before proceeding with a decision. If an agreement cannot be reached, then a decision cannot be made on behalf of the donor.

2) Attorneys can make decisions jointly and severally, meaning that quick and urgent decisions can be made by attorneys acting by themselves or together. 

3) Lastly, a donor can specify that attorneys make certain decisions 'jointly' and other decisions 'jointly and severally'. If this is to be the case, then the donor should specify when preparing the LPA which category decisions shall fall into.

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