A Lasting Power of Attorney is designed to protect a vulnerable individual from financial abuse and to ensure their health needs are met in accordance with their wishes. Unfortunately, there are occasions when an attorney appointed to act in their best interest fails to meet the appropriate standards.
If you are considering creating an LPA you can find information on a power of attorney online at sites such as https://powerofattorneyonline.co.uk/blog/can-a-power-of-attorney-transfer-money-to-themselves-in-the-uk/.
What should I do if I suspect attorney abuse?
These can be emotive situations, particularly if you are a family member and have a relationship with the attorney. A good approach is to ask for a meeting to discuss the donor’s circumstances. At this meeting, you might ask the attorney to share bank information or point out the consequences of any abuse of power.
If you are still not satisfied, contact the OPG if you have concerns. You can also contact your local council since their social services officers are empowered to investigate the attorney’s background to ensure they are a suitable person to act in their role. Finally, you can approach the police if fraud is suspected.
What happens if abuse is discovered after the donor’s death?
It is often the case that abuse by an attorney is only discovered once the donor of the power has died and probate is underway. This is because during this process, bank accounts will be examined and examples of “expenses” and “gifting” may come to light. All gifting during the seven years prior to the donor’s death must be declared by attorneys.
