Investigations into a Lasting Power of Attorney’s decisions

27 March, 2019

The Telegraph recently published an article on the difficulties that parties can face when the Office of the Public Guardian are investigating potential abuses of power under a Lasting Power of

Attorney (“LPA”) (https://www.telegraph.co.uk/money/consumer-affairs/families-left-limbo-investigations-power-attorney-claims-surge/)

The example given in the attached article, relates to an attorney’s concern with the steps that they could be taking while an investigation was taking place into their historic decisions/actions, which includes how they should deal with accruing debts. 

It is important to note in these circumstances, that an attorney’s duties to a donor do not come to an end, if an investigation into their conduct is under way and there may be steps that they should be taking to protect the donor’s financial interests, whilst that investigation is taking place.

If there is confusion around the steps that should be taken, if there are immediate concerns around the settlement of debts or if delay could affect the donor’s financial wellbeing or welfare, there are steps that can be taken with the Office of the Public Guardian and, in appropriate circumstances, emergency applications can be made to the Court of Protection to make urgent decisions.

Should you require advice on any issues surrounding a Lasting Power of Attorney or, protecting a donor’s interests, please contact Philip Youdan on 01732 224 013 or by email: philip.youdan@cripps.co.uk .