Power of Attorney Disputes Solicitors York, Wetherby & Malton
If a person wants to ensure that someone can make decisions for them in the future, they may decide to give Power of Attorney to another individual. This person is known as their 'Attorney', and they can be given the legal power to make important decisions on their behalf with issues such as healthcare, finances and their affairs.
Like all legal agreements, there are times when disputes can arise with a Power of Attorney. If you are dealing with a Power of Attorney dispute, it is crucial to get legal advice to ensure the most appropriate method of resolution is found. Contact Ware & Kay Solicitors today to see how we can help you.
Types of Attorney disputes
One of the main reasons a dispute can occur is contention over who has been appointed Attorney. While it is up to the donor to nominate their Attorney, other family members or those outside the family circle may have different opinions on what is the best course of action, which can cause stress and create tension.
Similarly, a dispute may occur when other family members or friends of the donor believe that the nominated Attorney doesn't have the donor's best interests at heart. There may be concerns about decisions made over finances, care and healthcare, or where and how the donor's cash is being spent.
While it is common for a person to appoint two Attorneys, this can lead to disputes further down the line if the chosen Attorneys don’t see eye to eye. Disagreements between the parties can make it very hard to work together and make joint decisions but, ultimately, could result in one party refusing to perform their duties.
The donor themselves may have a dispute if they believe they were forced into appointing a Power of Attorney.
What can I do if I have a Power of Attorney dispute?
It is not uncommon to have a Power of Attorney dispute. Thankfully, our team of solicitors at Ware & Kay can assist you in resolving any issues that may arise from a Power of Attorney agreement. If you are a donor and no longer wish for an Attorney to act on your behalf, we can take steps to remove them from the legal arrangements you have. A neutral third party can be appointed in their place.
If you are a family member or friend and believe that an Attorney isn't acting in the best interests of your loved one, we can make a complaint to the Office of Public Guardian – a monitoring watchdog for Attorneys who can investigate any allegations of misconduct. If the issues cannot be resolved out of court, we can compile a strong case for you and issue court proceedings for an Attorney’s removal via the Court of Protection.
We always advise settling matters out of court where possible to help maintain relationships with loved ones and to prevent large legal bills.
Contact our Power of Attorney and Dispute Resolution Solicitors in York, Wetherby & Malton
If you need help with a Power of Attorney dispute, our team at Ware & Kay Solicitors can help you to resolve matters in a quick and stress-free manner. We can advise you on the best course of action for your circumstances, offering guidance and counsel along the way.