Is Making a Lasting Power of Attorney “Risky”?

Denzil Lush, former head of the Court of Protection, is reported on the BBC Radio 4 Today programme this morning (15^th August) warning of the risks of making a Lasting Power of Attorney (LPA) and of the lack of safeguards in the LPA system.

Michael Cutler, Senior Partner of Colemans Solicitors, comments “It is perfectly true that the safeguards originally built into the system have been steadily watered down by the Ministry of Justice.”

“It is now too easy for even well-meaning people to enter into these arrangements with no real understanding of their powers, their duties and the restrictions on them, and too easy for the unscrupulous to become appointed as attorneys and to misuse their powers”.

“Nevertheless,” observes Michael’s colleague Vicky Burdett, “a properly drawn up LPA is still the best tool to help families who have to cope with the mental deterioration of a loved one”.

“Many of my clients have found it an absolute godsend and have been so grateful that their parent made an LPA”.

Michael Cutler says “At Colemans, we believe it is crucial to ensure that everyone in the family understands the legal complexities and the practical difficulties of making, and using, an LPA”.

“We have here a team of three solicitors, all with specialist qualifications and wide experience in this challenging area of the law”.

To talk to a specialist solicitor about making or using a Lasting Power of Attorney, contact Michael Cutler on 01628 631051 or michael.cutler@colemans.co.uk.

Categorised in: Powers of Attorney, Living Wills and Court of Protection

This post was written by Colemans Solicitors LLP