Former judge warns of 'lack of safeguards' in power of attorney

'Lack of transparency'

Hannah Godfrey
clock • 2 min read

Retired senior judge Denzil Lush has warned of a lack of safeguards in the power of attorney system in England and Wales, saying people should be more aware of the risks involved.

Lush said it can have a "devastating" effect on family relationships, and has vowed to never sign one himself, the BBC reported. He described the practice as a "crusade" which "demonised" the legal alternative - the appointment of deputies by the Court of Protection itself. The power of attorney is a legal document that gives someone the authority to act on behalf of another person in specified or all legal or financial matters. The BBC referred to a case where the power of attorney was used to exploit a war veteran who had given responsibility for his financial affairs to his neig...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Your profession

Meeting the needs of vulnerable consumers in financial services

Meeting the needs of vulnerable consumers in financial services

'The dynamic nature of vulnerability can make determining who's in scope complicated'

Shriya Patel
clock 14 January 2026 • 4 min read
Ten firms achieved CII Chartered status in second half of 2025

Ten firms achieved CII Chartered status in second half of 2025

Across financial planning and insurance

Jenna Brown
clock 13 January 2026 • 1 min read
FSCS sets £108m budget for 2026/27 as costs fall in real terms

FSCS sets £108m budget for 2026/27 as costs fall in real terms

Compensation scheme plans lower core costs

Sahar Nazir
clock 13 January 2026 • 1 min read