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A mother wanted to register a Lasting Power of Attorney (LPA), choosing her daughter to support her with both health & welfare and property & financial decisions. Her son objected, but only to the financial side of the arrangement.
Planning for the future isn’t always easy,especially when it involves family. In this case, a mother’s decision to appoint her daughter to help manage her finances was challenged by her son. We helped guide her through the process and ensured her voice was heard, so her wishes could be respected.
We supported the mother in defending that objection. The outcome meant her daughter was formally appointed as her attorney for property and financial matters, just as she had intended.
The mother needed help managing her finances and wanted to plan ahead while she was still able to make her own decisions. Her daughter was closely involved in her day-to-day life and understood her needs.
Her son, who lived abroad, was less involved, but raised concerns about the financial arrangement. his created a difficult and emotional situation for everyone involved. He did not believe that his mother had capacity to execute a Lasting Power of Attorney, however, unusually, only challenged one application (Property & Financial Affairs) and not the other (Health & Welfare). This assisted our position in defending the application. He was unable to produce any evidence that proved his allegation and we obtained a detailed witness statement from the solicitor who prepared the application for the Lasting Powers of Attorney, where it was confirmed such solicitor was more than satisfied of capacity and the suggested arrangements.
Without resolving the objection, there was a real risk of delays and added stress at a time when the mother simply needed reassurance and support.
Situations like this are rarely just about legal documents,they’re about relationships, trust, and sometimes long-standing family dynamics.
We worked closely with the client to present a clear and honest picture of her intentions. We then:
Prepared witness statements to explain her decision and the circumstances around it
Gathered supporting evidence, including input from the solicitor who originally prepared the LPA
Represented her in court, responding to the concerns raised by her son
Ensured her voice remained central throughout the process
We were able to successfully defend the application brought, with the outcome that our client’s Lasting Power of Attorney application was able to proceed, naming her daughter as her sole attorney, the outcome she always intended for. Additionally, we were able to obtain a costs Order against the Claimant, which is not usual practice in the Court of Protection, given the Claimant’s unreasonable behaviour. The Claimant initially brought an application to seek permission to appeal this decision, which was eventually withdrawn.
We made sure the client felt listened to and supported throughout. By explaining the process in clear, simple terms, we helped her feel more confident about what was happening and what to expect.
Our experience in handling sensitive family matters meant we could approach the situation calmly and carefully, keeping things focused on what mattered most: her wishes and her wellbeing.
Disagreements around Lasting Powers of Attorney can be stressful, especially when family is involved. Having the right support can make all the difference,not just legally, but emotionally too.
At Taylor Rose, we’re here to guide you through these moments with clarity, care, and understanding,helping you make decisions that feel right for you and your family.
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