Sibling Disputes Over Power of Attorney in England

The conversation about power of attorney for a parent rarely goes wrong because of the legal forms. It goes wrong because one sibling lives ten minutes from Mum while the other lives in another city. Because one has been managing the day-to-day care for years and another has opinions about the finances but hasn't been around. Because deciding who gets legal authority over a parent's life forces the family to confront dynamics they've spent decades avoiding.

The Jointly vs. Jointly and Severally Decision

Most sibling conflicts start here, because this single choice determines how much independence each attorney has.

Jointly: Every named attorney must agree on every decision. If you and your sister are appointed jointly and you disagree about whether to sell the family home, nothing happens until you both agree — or until one of you applies to the Court of Protection to break the deadlock. If one joint attorney dies or becomes incapable, the entire LPA fails unless replacement attorneys are named.

Jointly and severally: Each attorney can act independently. Your sister can authorise a care home payment without checking with you first. You can manage a bank account without her signature. This is the most practical arrangement for day-to-day management, especially when siblings live in different locations or have different availability.

The hybrid option: Jointly for some decisions, jointly and severally for others. The donor can specify that major decisions (selling property, changing care homes) require all attorneys to agree, while routine decisions (paying bills, managing pensions) can be handled by any attorney alone. This is the option that best balances accountability with practicality, but it requires clear drafting in Section 7 to avoid disputes about which decisions fall into which category.

The Sibling Who Wasn't Named

Not being appointed as an attorney feels like exclusion — and it often is, but not always for the reasons the excluded sibling assumes. A parent may choose one child over another because of proximity, availability, financial literacy, or simply because they trust that child's judgement on medical decisions. The Mental Capacity Act 2005 gives the donor complete freedom to choose their attorneys.

An excluded sibling has no automatic right to financial transparency, no right to second-guess decisions, and no legal standing to demand information from the named attorneys. They can, however, raise concerns with the OPG if they believe an attorney is acting improperly.

If you're the sibling who wasn't named: the healthiest approach is to understand that an LPA is a legal tool, not a measure of love. If you have genuine concerns about how your parent's affairs are being managed, document them specifically and contact the OPG's safeguarding team rather than escalating through family arguments.

Can a Sibling Challenge an LPA?

Yes, but the grounds are narrow and the process is difficult.

Before registration: During the four-week legal waiting period after the LPA is submitted to the OPG, the people the donor named to be notified can raise concerns with the OPG. Attorneys and other eligible objectors can also use the prescribed objection process. The concern must be supported by evidence — for example, that the donor lacked capacity, was pressured, or the attorney is acting against the donor's best interests.

After registration: To challenge a registered LPA, you must apply to the Court of Protection. The court can:

• Determine whether the donor had capacity when the LPA was executed
• Remove an attorney who is acting improperly, dishonestly, or not in the donor's best interests
• Give directions about how the LPA should be used

A sibling challenge succeeds when there's evidence of genuine wrongdoing — financial abuse, neglect of the donor's needs, failure to act in best interests. It doesn't succeed because you disagree with a decision the attorney made within their authority, or because you would have done things differently.

Court applications cost £432. Legal representation adds thousands more. The process can take months and typically makes family relationships worse, not better. Courts view challenges based on sibling rivalry rather than genuine safeguarding concerns unfavourably.

Practical Steps to Prevent Conflict

The best time to address sibling dynamics is before the LPA is signed, not after.

Hold a family meeting before the LPA is created. Discuss who will be named, why, and what authority structure (jointly, severally, or hybrid) makes sense. Let your parent lead the conversation — it's their document and their choice.

Use the Section 7 preferences as a family alignment tool. If your parent writes clear preferences about where they want to live, how they want their money managed, and what medical interventions they do or don't want, attorneys have a documented reference point. Disputes shrink when everyone can point to the donor's own written wishes.

Agree on information sharing. Even if only one sibling is named as attorney, families function better when there's transparency. The attorney has no legal obligation to share financial details with non-attorney siblings, but voluntarily providing quarterly summaries of spending and decisions reduces suspicion and builds trust.

Name replacement attorneys. If the primary attorney can't continue — due to illness, death, or their own capacity issues — a named replacement can step in without a Court of Protection application. This also provides a natural role for a sibling who isn't the primary attorney.

The England Lasting Power of Attorney & Deputyship Kit includes family alignment templates — neutral conversation frameworks, pre-written notification letters for non-attorney siblings, and Section 7 preference worksheets that help families document the donor's wishes before the LPA is signed.

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