Lilly Whale: Advisers in prime position to spot LPA financial abuse

Report to Office of the Public Guardian

clock • 6 min read

Despite attorneys being under a strict legal duty to act in the donor's best interests, LPAs are not always failsafe and it is a sad truth that abuse can and does happen, writes Lilly Whale. Here she outlines the things advisers should look out for...

Lasting Powers of Attorney LPA are legal documents in which a person (the donor) gives someone (the attorney) the ability to make decisions on their behalf. Unlike an ordinary power of attorney, an LPA continues to be effective should the donor become unable to manage their own affairs owing to a loss of mental capacity. Practitioners have seen a spike in LPA-based enquiries since the start of the Covid-19 pandemic, with many clients feeling anxious that no one would be able to manage their affairs if they end up seriously ill in hospital. Others worry about decision-making when they ...

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