Here we look at what to do if you suspect a power of attorney is not being administered correctly.
How to create an LPA.
Lasting Powers of Attorney are a popular way of ensuring that your financial affairs and health provision are dealt with in the future. Thousands are registered in England and Wales with the Office of the Public Guardian.
If you live in the capital and are looking for a London law firm to create one, you can just search online for specialists such as https://www.forsters.co.uk/.
What must attorneys do
Attorneys are required to ensure that the donor’s finances are kept separate from their own. They must also retain records of all transactions. They are required to maintain accurate records and keep bank statements. They must make sure they consult the donor if the latter retains mental capacity and, in any event, follow their stated wishes. Under no circumstances can they benefit personally, although they may be permitted to recover expenses in some circumstances.
What to do if you think an attorney is abusing their powers
The first point of call is to contact the OPG. You can find a form to complete online or write.
When reporting suspected abuse, you should provide the OPG with details of the attorney and donor and an explanation of the suspected abuse. If you have financial records, send these too.
You can also contact the appropriate banks or building societies, as well as the local authority, which may also be involved.
