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...
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