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Lasting Powers of Attorney – Reduce the risk of abuse

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Recent statistics published by the Office of the Public Guardian highlight that there has been a huge increase on the number of investigations into attorneys and deputies acting under Lasting Powers of Attorney (“LPAs”) and Deputyship Orders respectively in the last financial year. The previous year (2016/2017), there were 1,199 investigations into attorney / deputy mistakes and wrongdoings, increasing to 1,729 investigations in the 2017/2018 financial year. These investigations include situations where attorneys over-step the boundaries of their rights and responsibilities, or do not adhere to their duties as an attorney, such as not keeping up to date records of the donor’s finances and/or of gifts made on behalf of the donor.

It is thought that an increase in DIY online applications for LPAs, without obtaining proper legal advice or referring to guidance notes, has resulted in this increase and this leaves people at risk of their attorneys making mistakes or even worse, financially abusing them.

The Private Client team at Clarion have a vast amount of experience in mental capacity advice, including advising on and preparing Lasting Powers of Attorney and Deputyship applications and the ongoing administration of both. As well as advising the donor of an LPA as our client, we can also provide attorneys appointed under an LPA with guidance on their duties, rights and responsibilities as an attorney to ensure that they are fully informed and they know what they can and can’t do as an attorney.

If you have any questions in relation to, or require guidance on Lasting Powers of Attorney, and the two different types, please do not hesitate to contact the Private Client team on 0113 222 3243 or contact Kerri-Anne Ball on 0113 222 3243 or  at kerri-anne.ball@clarionsolicitors.com.

Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.