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Our client approached us to prepare a Lasting Power of Attorney (LPA), appointing two of her children as her attorneys. Shortly after the LPA was submitted for registration, a third child raised an objection, contesting the LPA on the basis that they had not been included as an attorney. The objection ultimately progressed to a court hearing, creating the potential for significant stress and uncertainty for the client.
We acted swiftly to protect our client’s interests and minimise stress during what became a contested matter. Working closely with our Wills, Trusts & Probate Disputes team, we conducted a thorough review of the objection and the circumstances surrounding the LPA, ensuring that the client’s intentions were clearly evidenced and legally robust.
A key part of our strategy was maintaining comprehensive and detailed file notes throughout the preparation process, which proved invaluable when the LPA was challenged. We also carefully prepared witness statements and supporting evidence for the client, ensuring the court had a clear understanding of her wishes, capacity, and the reasoning behind her choice of attorneys.
We provided pragmatic, tailored advice at every stage, focusing on achieving the best possible outcome while minimising conflict and preserving family relationships wherever possible. Clear and sensitive communication remained central to our approach, keeping the client fully informed and reassured throughout what could have been a daunting legal process.
Our collaborative working practices enabled us to draw on specialist expertise quickly, anticipate potential challenges, and prepare thoroughly for the hearing. This preparation ultimately positioned our client in a strong evidential position.
The matter proceeded to a court hearing; however, the objection was dismissed. The court was satisfied by the strength of the evidence presented, including our detailed file notes and the carefully prepared statements supporting the client’s position. The objecting party’s failure to attend the hearing further weakened their case.
As a result, the LPA remained valid, allowing the client’s chosen attorneys to act on her behalf in accordance with her wishes. This outcome provided the client with certainty, reassurance, and protection for the future.
Importantly, had the client not put an LPA in place and later lost mental capacity, the matter would likely have required an application to the Court of Protection—resulting in substantial delays, increased expense, and reduced control over decision-making. By acting early and seeking professional advice, the client avoided this risk entirely.
Held an initial consultation to understand the client’s wishes
Prepared and issued draft LPA documentation
Arranged approval and execution by the client and appointed attorneys
Submitted the application and obtained registration approval
Managed the objection and prepared evidence in collaboration with our Wills, Trusts & Disputes team
Prepared statements and supported the client through the court process
This case highlights the importance of preparing a Lasting Power of Attorney early and seeking professional advice. Thorough preparation, clear documentation, and expert legal support can successfully defend challenges, reduce risks, and ensure your wishes are respected when it matters most.
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