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Choosing the right private Attorney

View profile for Helen Taylor TEP
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OAP couple & Lasting Powers of Attorney

When it comes to Lasting Powers of Attorney (LPA), it’s important to appoint the right person to act as your Attorney. So what do you need to consider?

The role of an Attorney

Lasting Powers of Attorney (LPA) allow you to appoint someone to act as your attorney. If you lose capacity, they’ll represent your best interests and carry out your instructions. This isn’t just in property and financial matters - they’ll also make decisions about your health and welfare if you can no longer do so yourself. So it’s really important to appoint someone you trust implicitly.

Attorney mismanagement

This is highlighted in data recently obtained under the Freedom of Information Act 2000. It showed that in 2013, 68 attorneys and deputies (a deputy is someone appointed by the Court of Protection to manage an incapacitated person’s affairs where an LPA is not in existence) were removed due to financial mismanagement or alleged theft. In 2014, this figure rose to 203. Although this figure fell slightly to 172 in 2015, it still equates to a 153% rise on the figures from 2013.

There has also been a steep rise in investigations into attorneys and deputies over financial wrongdoing, from 487 in 2013, to 885 in 2015.

Choose wisely

It’s important to choose the right attorney. Never feel pressured into appointing someone you don’t want to act on your behalf. These figures highlight the importance of seeking specialist advice to ensure you have all the information you need before making this decision.

On the flip side, if you’re acting as someone’s attorney, you should make sure you’re aware of the rules and regulations you must follow.

The importance of appointing the right attorney is paramount. At Franklins, our team can give you advice and support throughout any stage of the process. If you’d like advice, please feel free to contact me by email or give me a call on 01908 660 966.

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