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Warnings over Lasting Powers of Attorney

18 August 2017
If you were tuned into BBC Radio 4 earlier this week you will have heard that a former Court of Protection Judge has criticised the lack of safeguards in the power of attorney system.

A Lasting Power of Attorney allows you to appoint someone (attorneys) to deal with your property and financial affairs and/or your health and welfare on your behalf.

The significance of Lasting Powers of Attorney, together with the potential for abuse by attorneys, means it is important to obtain proper, independent legal advice before making a Lasting Power of Attorney.

Discussing your plan to have a Lasting Power of Attorney with us acts as an additional safeguard. We ensure clients are aware of the importance of Lasting Powers of Attorney and that they are well informed of the options available. Further, the process of making and registering a Lasting Power of Attorney is complex and we are able to take care of the hassle and worry of completing the forms correctly, ensuring that the Lasting Power of Attorney is valid.

The comments on the show should not deter clients from making a Lasting Power of Attorney. The alternative, if you lose mental capacity, is that the court appoints a deputy to act on your behalf. This is a more costly and time-consuming process and you have no control over who is appointed and what decisions he/she can make.

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