James Cook: Legal pitfalls attorneys should beware

Lasting powers of attorney

clock • 3 min read

The Office of the Public Guardian has in recent years made increasing numbers of applications against attorneys alleged to have misused their powers and not acted in the best interests of the donor, writes James Cook.

Under the Mental Capacity Act 2005, attorneys are under a duty to act in the best interests of the donor - that is, the person who has authorised them to act on their behalf. This means attorneys must do their utmost to ensure the donor makes their own decisions when able and willing, take steps to support a donor to make decisions and consult a donor throughout the decision-making process. Of course, assessing whether a donor has the requisite mental capacity can be subjective and difficult to determine, leading to potential legal action. ‘Mental capacity' in the context of lasting powe...

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

Advisers: Are you even taking your own advice?

Advisers: Are you even taking your own advice?

Exploring the expenditure consolidation conversation

Nick Ryan
clock 25 March 2026 • 4 min read
CISI welcomes 76 Certified financial planners

CISI welcomes 76 Certified financial planners

Number of UK CFP professionals continues to rise

Sophia Panayi
clock 24 March 2026 • 1 min read
'Nobody is big enough not to be bought'

'Nobody is big enough not to be bought'

Roderic Rennison on the future of deals in the advice industry

Isabel Baxter
clock 20 March 2026 • 1 min read