Lasting Power of Attorney <br>problems

Lasting Power of Attorney

I do not believe that my loved one’s Attorney is acting in their best interests

As an Attorney, you are required to act in the best interest of the person who appointed you (the ‘donor’).

An Attorney is appointed via a Lasting Power of Attorney (LPA) or formerly an Enduring Power of Attorney (EPA).

The donor must have the required level of mental capacity when they make the EPA or LPA for it to be valid.

If they no longer have sufficient mental capacity to do so, an application must be made to the Court of Protection for an Deputy to be appointed on behalf of the donor.

This is often a very expensive exercise, which is why we advise everyone to have an LPA in place now, even if they do not think they will lose capacity any time soon.

It is a small expense compared to the costs involved if you unexpectedly lose capacity, for example as a result of an accident or sudden illness.

The Attorney must ensure that any decisions they make on behalf of the donor or any funds they spend on behalf of the donor are in their best interests.

A failure to do so can result in serious repercussions, such as an order to repay funds to the donor or their estate.

If you are either an Attorney and are unsure what decisions you are permitted to make, or you suspect that an Attorney is not acting in a donor’s best interests, please contact us for help.

Donna Smy

Supervising Partner, Private Client

Helen Jago

Supervising Partner, Private Client

Laura Carter

Graduate Legal Executive

South Woodham Ferrers
Lee McClellan

Supervising Partner, Private Client

Tim Steele

Supervising Partner Private Client & South Woodham Ferrers Office Compliance Officer For Legal Practice, Training Partner

South Woodham Ferrers

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