Concerns About An Attorney?

What to do if you have concerns about an Attorney, appointed under a Lasting Power of Attorney.

You may have heard about the BBC’s The Willpower Detectives or their recent news article about how an Attorney ‘cut off her grandfather from his family’ by using Lasting Powers of Attorney. It is no secret that Lasting Powers of Attorney have been used as a way of controlling people or to aid financial abuse. But there are things you can do if you have concerns about an Attorneys behaviour.

1. You can report the Attorney to the Office of the Public Guardian, they have the powers to investigate the Attorney and to make applications to the Court of Protection to have them removed.
2. If you are concerned about the person’s well-being or care, you can contact your local adult social services. If the matter is critical, you can make an urgent safeguarding referral.
3. If you believe someone has committed a crime, for example, fraudulently putting the Lasting Power of Attorney in place, misappropriating funds or abusing the vulnerable individual, you should contact the police.

If you need help with any of this or would like advice about concerns you have in relation to an attorney, we are able to offer advice and assistance.

BBC News Article

Lasting Powers of Attorney

Lasting Powers of Attorney can be useful documents, but it is important that the person creating the document understands what they are signing and what powers they are giving their Attorneys. It is also important that whoever you appoint as your Attorney you can trust as they will be responsible for managing your property and financial affairs as well as your health and welfare decisions if you lose capacity.

If you are thinking about creating a Lasting Power of Attorney, we have a team of experienced lawyers who can advise you every step of the way and ensure the documents are valid and that you understand both the positives and risks of a Lasting Power of Attorney and to ensure you choose the right people to manage your affairs.

If you are an Attorney and you are using a Lasting Power of Attorney to manage someone’s affairs, you might not be aware of all the duties you must follow and what you can and can’t do.

At Wilson Browne Solicitors, our Private Client team offer fixed-fee appointments to Attorneys to help guide them through the process of acting as an Attorney and ensure the decisions they are making are in line with their duties and in the best interests of the incapacitated person.

So, if you’re not sure what you should be doing or if what you are doing is right and you need some advice, contact us today or call us on 0800 088 6004