Lasting powers of attorney can sometimes be misused, and when that happens it can cause financial or emotional harm to the person the arrangement is supposed to protect. In most cases, this kind of abuse involves an attorney putting their own interests first, often for personal gain.
Understanding the Risks
LPAs are intended to safeguard people who may lose the ability to make decisions for themselves. However, there have been cases where attorneys have taken advantage, and this could mean draining someone’s savings, selling property without consent or making other decisions that aren’t in the donor’s best interests. Situations like this are rare, and according to the Office of the Public Guardian, only a small proportion of complaints about attorney conduct are serious enough to be investigated, and actual cases of abuse are even rarer.
Safeguards Against Abuse
Attorneys are expected to keep proper financial records, take professional advice before making major decisions and follow strict rules around gifts and transactions. The process of setting up an LPA has also been modernised. For example, when creating a Power of Attorney online, like the examples seen at https://powerofattorneyonline.co.uk, enhanced ID checks have been introduced to make the system more secure and harder to exploit. The government has also reviewed the LPA system with a focus on improving safety and efficiency. .
Reporting Concerns
If you think an attorney may be abusing their position, it’s important to act quickly. The OPG offers clear guidance on how to raise concerns and will investigate any reports of suspected abuse or neglect involving an LPA.
