Appointing an attorney can be an easy task if you have close family or friends in whom you have complete trust and confidence. However, as the press readily tell us, investigations into the actions of attorneys and deputies appointed under the lasting power of attorney (LPA) procedure are increasing. It is a sad fact of life that dishonest attorneys have caused an increase of investigations by more than 40% in the past year (1,729 investigations into the actions of attorneys and deputies were carried out in the 2017/2018 financial year).
Many people do their own LPAs and, in doing so, can put themselves at risk of abuse and fraud. As party of the duty to a client a solicitor must consider if there are any foreseeable or potential problems in the proposed appointment. In short, DIY and online submission for an LPA can leave people at risk of attorneys making mistakes or, in the worst cases, abuse.
LPA agreements allow attorneys (often an individual known to the party) manage their personal and financial affairs. According to how the LPA is worded they can do that should they lose the mental capacity to do it themselves, or, in many cases, even if they still have mental capacity. If an LPA is not agreed by the time a person loses mental capacity a deputy has to be appointed by the Court of Protection.
It is very important you get expert advice from the outset otherwise a bad appointment could result in thousands of pounds of costs later down the line to rectify mistakes, and leave people susceptible to financial abuse. Involving a solicitor in the process of creating and registering an LPA ensures that your best interests have been accounted for and, if appropriate, proteAppointing an attorney can be an easy task if you have close family or friends in whom you have complete trust and confidence. However, as the press readily tell us, investigations into the actions of attorneys and deputies appointed under the lasting power of attorney (LPA) procedure are increasingction clauses have been applied.