Appointing an attorney under a Lasting Power of Attorney (LPA) is a serious act of trust. Many Muslims appoint close family members believing they will always act in their best interests and in line with Islamic values. However, situations can change. Disagreements, misuse of power, or loss of confidence may raise an important question: can an attorney be removed or challenged under English law?
This guide explains how attorneys can be challenged or removed in England and Wales, who can raise concerns, the legal tests applied, and what Muslim donors and families should know when problems arise.
What Is an Attorney Under a Lasting Power of Attorney?
An attorney is a person appointed to make decisions on behalf of someone else (the donor) if the donor loses mental capacity.
There are two main types of LPA:
- Property and Financial Affairs LPAs
- Health and Welfare LPAs
Attorneys must act strictly within the authority granted to them.
Duties Owed by Attorneys Under English Law
Attorneys owe legal duties to the donor.
These include duties to:
- Act in the donor’s best interests
- Follow the Mental Capacity Act principles
- Avoid conflicts of interest
- Keep the donor’s finances separate
Failure to comply can justify intervention.
Can an Attorney Be Removed?
Yes. An attorney can be removed or their powers restricted under English law.
Removal usually occurs through:
- The Court of Protection
- Intervention by the Office of the Public Guardian
Removal is not automatic and requires evidence.
Who Can Challenge an Attorney?
Concerns can be raised by:
- The donor (if they still have capacity)
- Family members
- Other attorneys
- Professionals involved in the donor’s care
The law allows wide reporting to protect vulnerable people.
Grounds for Challenging an Attorney
Common grounds include:
- Financial abuse or misuse of funds
- Failure to act in the donor’s best interests
- Ignoring medical advice or welfare needs
- Acting outside the scope of the LPA
Disagreement alone is not always enough.
Financial Misconduct by Attorneys
Misuse of money is one of the most common reasons for removal.
Examples include:
- Taking gifts or loans without authority
- Using funds for personal benefit
- Failing to keep proper records
Such conduct can lead to serious consequences.
Health and Welfare Disputes
Challenges may also arise in health and welfare cases.
This can include:
- Ignoring the donor’s known wishes
- Excluding family members unnecessarily
- Making decisions based on personal beliefs rather than best interests
Courts focus on the donor’s welfare, not family dynamics.
The Role of the Office of the Public Guardian
The Office of the Public Guardian (OPG) supervises attorneys.
It can:
- Investigate complaints
- Require accounts and explanations
- Apply to court for removal where necessary
Reports to the OPG are confidential.
The Court of Protection
The Court of Protection has power to:
- Remove attorneys
- Limit or suspend powers
- Appoint replacement attorneys or deputies
Its primary concern is the donor’s best interests.
Can a Donor Remove an Attorney Themselves?
If the donor still has mental capacity:
- They can revoke the LPA
- They can remove or replace an attorney
This must be done formally and properly recorded.
What Happens After Removal?
If an attorney is removed:
- Another attorney may continue if appointed
- A replacement attorney may step in
- The court may appoint a deputy
Planning ahead reduces disruption.
Islamic Considerations for Muslim Families
Many Muslims expect attorneys to act in line with Islamic values.
However:
- English law governs attorney conduct
- Religious disagreements alone do not justify removal
Clear instructions in the LPA help reduce conflict.
Common Mistakes That Lead to Problems
Common issues include:
- Appointing only one attorney without safeguards
- Failing to include guidance or restrictions
- Not reviewing LPAs as circumstances change
Good planning reduces risk.
How to Reduce the Risk of Attorney Misuse
Protective steps include:
- Choosing attorneys carefully
- Appointing joint or replacement attorneys
- Including clear instructions and preferences
Prevention is better than cure.
When to Seek Legal Advice
You should seek advice if:
- You suspect an attorney is acting improperly
- Family disputes are escalating
- You want to change an existing LPA
Early advice often prevents serious harm.
How We Can Help
We advise Muslim clients and families on LPAs, attorney disputes, and Court of Protection matters.
We can assist with:
- Challenging or removing attorneys
- Advising donors on revoking or amending LPAs
- Applications to the Court of Protection
- Preventative planning to reduce future risk
If you are concerned about an attorney’s conduct, or want to ensure your LPA offers proper protection, specialist legal advice is essential.
Timely action can protect dignity, assets, and family relationships.
