Is your Lasting Power of Attorney fit for purpose?

A Lasting Power of Attorney (LPA) is a powerful legal document that allows a person (‘donor’) to choose one or more individuals (‘attorneys’) to handle their affairs in the event that they can no longer do so themselves, for example if they lose mental capacity.

Attorneys are able to make important decisions on behalf of the donor, involving their property, money, medical treatment and end of life wishes. As such, an LPA is an extremely important document with serious implications for all involved.

Whilst most Lasting Powers of Attorney are managed appropriately, with the donor central to all decision making and their best interests considered at all times, this is sadly not always the case. In fact, in the year 2017 – 18, there was a 40% increase in investigations into LPAs carried out by the Office of the Public Guardian, where it was suspected that powers were being abused.

With so much information readily available to assist people in implementing legal documents such as Wills and LPAs, there is a rapidly growing market for DIY legal forms that allow people to create legally binding documents themselves through shop-bought kits and online tools. While such tools can be advantageous, there are a number of factors that must be taken into account such as restrictions that donors wish to incorporate into LPAs. Such restrictions will provide guidance to attorneys, but also assist in ensuring that a person’s wishes in relation to their welfare and finance decisions are taken into account. DIY kits may appear on the surface to be a cost saving as opposed to using a solicitor, the longer term issues that can be faced are in fact much more costly to resolve both financially and in relation to the donors choices and lifestyle.

Specialist legal advice

Without specialist legal advice there is a real risk that the person creating an LPA does not adequately express their wishes and preferences, leaving them with a document that is not fit for purpose and potentially leaving them open to financial abuse meaning that in the long run the initial saving was not worth it.

Whilst implementing Lasting Powers of Attorneys for both welfare and finance is a vital step, due consideration should be given to who you wish to appoint as attorneys, whether this is individually or jointly and what guidance and restrictions you wish to place within the documents. Seeking legal advice is essential in order to discuss your wishes with an independent professional who can provide clear, unambiguous guidance and can ensure your documents are fit for purpose.

If you would like to discuss putting LPAs in place and ensuring your wishes are clear to everyone, then please get in touch WealthProtection@psg-law.co.uk

If you have concerns that an attorney is abusing their power and wish to challenge the attorney to ensure your loved one is being looked after properly and fairly in line with their wishes, please contact a member of the team on 03333 058375, or email WealthProtection@psg-law.co.uk. We are here to help you.