Is your Lasting Power of Attorney fit for purpose?

A Lasting Power of Attorney (LPA) is an important legal document that enables an individual (known as a ‘donor’) to appoint one or more trusted individuals (‘attorneys’) to make decisions and manage their affairs should they become unable to do so themselves – for example, following an accident or illness that results in lost mental capacity.

A position of significant responsibility, attorneys are responsible for making a number of impactful decisions on behalf of the donor, including those related to finances, property, medical treatment and even end-of-life care.

For this reason, an LPA carries serious legal and ethical implications for all individuals involved.

LPAs and the risk of misuse

While most LPAs are managed appropriately and in good faith to ensure the donor’s wishes continue to be honoured, the unfortunate reality is that instances of misuse do occur. In fact, the latest government figures suggest misuse of attorney powers is becoming an area of increasing concern for oversight bodies.

The Office of the Public Guardian (OPG) – the institution responsible for overseeing the actions of attorneys appointed via LPAs – conducted 2,849 investigations into the actions of attorneys and deputies, due to suspected abuse of powers, throughout 2022-2023.

This represents a marked increase from the figure of 2,464 investigations recorded in the previous year and serves as a reminder that the safeguarding of vulnerable individuals should not be treated as a ‘one and done’ exercise.

The ‘DIY approach’: is it worth the risk?

With the increasing availability of online resources and ‘do-it-yourself’ (DIY) legal kits, it is no surprise that many people are opting to draft their own LPAs.

However, whilst these tools may appear cost effective, they often fail to account for crucial legal nuances, including key restrictions or guidance donors may wish to include to inform attorneys of their wishes and safeguard their interests. Without the input and personalised guidance from a legal expert, the lack of detail that characterises many of these ‘one size fits all’ kits, despite being legally binding documents, regularly leaves donors exposed to significant risk.

This ambiguity can even lead to financial or legal complications that are costly to resolve.

Additionally, a DIY LPA is likely to be more vulnerable to claims that the donor lacked capacity at the time of creating the document, or that they were coerced into making it.

Benefits of an expert opinion

Seeking professional legal advice will help ensure that an LPA is tailored to your loved one’s specific needs, providing both clear instructions for attorneys and robust legal protections for their assets and interests.

A solicitor can help clarify key considerations, as well as properly explain the implications of varying approaches to managing the assets in question. For example, whether attorneys should act jointly or independently, when the powers ought to come into effect and what limitations or guidance should be included in the LPA to reflect the donor’s intentions as accurately as possible.

If you’re considering putting an LPA in place and want to ensure your wishes are properly documented, our experienced Wealth Protection team is here to help.

Contact us at WealthProtection@psg-law.co.uk to speak to our specialists today.

Concerned about misuse of an LPA?

If you suspect that an attorney is not acting in the best interests of a loved one, you have the right to challenge their actions.

Our team can provide personalised support and guidance to ensure your loved one’s rights and wishes are being upheld – get in touch on 03333 058375 or email WealthProtection@psg-law.co.uk to speak to one of our Wealth Protection experts.

Whatever your safeguarding needs, we’re committed to protecting your interests and ensuring your peace of mind.