22 August, 2017
Last week, a retired senior Court of Protection Judge, Denzil Lush commented that Lasting Powers of Attorney (LPAs) leave vulnerable elderly people open to financial abuse.LPAs are important legal documents, which allow a person to appoint someone (or more than one person) to make decisions on their behalf about their finances or care, in the event that they became mentally incapable of making those decisions for themself.
The Senior Judge's comments have led to concerns that LPAs are a direct line to financial abuse. However, his comments must be put into context; his career as a Court of Protection judge will have presented him with only the worst cases of abuse. It does not take into account all the cases of LPAs which work perfectly well. Of the thousands of registered LPAs currently in use, the Court of Protection only sees handful of cases, notably where there are allegations of financial abuse (and not all of those result in a finding of wrongdoing).
LPAs have many benefits when done properly. There are some ways of ensuring that your LPA is effective and safe, in order to protect you from financial abuse*:-
To find out more, contact one of our specialist solicitors in the Wills, Probate, Tax and Trusts department or alternatively call Freephone 0800 975 2643 or send any question through to Forbes Solicitors via our online Contact Form.
*Solicitors for the Elderly 2017