Reported rise in LPA misuse complaints: Is there cause for concern?

Earlier in the month it was reported that complaints into Lasting Power of Attorney misuse had risen by 45%.

Does this mean that there is cause for concern?

Read below as our expert solicitors outline what protections exist with an LPA and how a solicitor can help you create this important document.

If you have a question regarding your Lasting Power of Attorney needs, contact our specialist team on 01282 695400.

Do I need an LPA?

At Future Planning Solutions, we firmly believe that every adult should consider making both a Property and Finance and Health and Welfare Lasting Power of Attorney.

The reason for this is simple: an LPA allows you to appoint one or more people of your choosing to make important decisions for you if you were to lose capacity such as through accident, age or illness.

As no-one knows what the future holds, having an LPA in place is a sensible way to protect your financial assets and future care.

You can read more about how an LPA can help protect you by clicking here.

Making an LPA: Select your attorneys carefully

Choosing who can act as your attorney (the person or people legally able to make decisions on your behalf) is an important task. Most people appoint a close family or friend to be an attorney but anyone over the 18 could take on the role as long as they are happy to do so.

Appointing multiple attorneys can act as a safeguard and you should also consider how you would like your attorneys to act ‘ either jointly or jointly and severally. Within the LPA document, you will also be able to further specify that certain decisions must be made in a certain way. For example, in your Property and Finance LPA you could state that all attorneys must agree to the sale of a home.

Checks exist

In addition to appointing multiple attorneys and outlining how you want decisions to be made, checks exist.

The Office of the Public Guardian has the authority to suspend attorneys if they believe that they are not acting in the donor’s best interests. In some instances, this could lead to a prison sentence.

Get a solicitor to help you

By instructing a solicitor to create your Lasting Power of Attorney, you can be confident that your best interests will have been served and any appropriate protections put into place.

It is important to remember that without an LPA in place, no one has the legal authority to make decisions on your behalf; bank accounts could be frozen and important care decisions delayed. Similarly, failure to create an LPA could lead to the often costlier and more time-consuming route of applying to the Court of Protection for a deputyship order.

Make your Lasting Power of Attorney with Future Planning Solutions

For advice on how a Lasting Power of Attorney could benefit you and your loved ones, book your free consultation with Future Planning Solutions today.

Our experienced team will listen to your circumstances and work to create an LPA that fits your specific needs.

Contact the experts at Future Planning Solutions direct on 01282 695400 or request a call back by submitting your contact details online.