lasting power of attorney Archives

Can a Lasting Power of Attorney be abused?

Posted on 24 March 202515 April 2025 by Sophie Soraf

Frances Macdonald, Senior Associate at Tees, outlines key steps you can take—supported by your solicitor—to reduce the risk of abuse when setting up a Lasting Power of Attorney (LPA).

Is a Lasting Power of Attorney safe?

Retired senior judge of the Court of Protection, Denzil Lush, caused concern during a BBC Today programme interview when he suggested that creating a Lasting Power of Attorney (LPA) could leave individuals vulnerable to exploitation. His comments were based on cases where attorneys had misused their powers, sometimes leading to significant financial loss for the donor—including loss of savings or even their home.

Despite these high-profile concerns, LPAs remain a crucial legal tool, especially as we plan for the future. With over 2.5 million LPAs registered in the UK and 600,000 new applications made in 2016 alone, instances of abuse remain relatively rare—fewer than 1% of registered LPAs involve reported abuse.

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint one or more trusted individuals—known as attorneys—to manage your financial affairs or make decisions about your health and welfare, if you lose the ability to do so yourself (known as losing mental capacity).

Many people create LPAs well before they anticipate needing them, often while still in good health. This is important because you must have full mental capacity when you create the document. If you lose capacity without an LPA in place, your family must apply to the Court of Protection for a Deputyship—an expensive, time-consuming process with ongoing annual fees.

Why create an LPA?

Without an LPA, your loved ones won’t automatically have the legal authority to manage your affairs. Having an LPA in place can:

Reduce stress and cost for your family
Ensure your preferences are followed
Avoid lengthy court applications

How to prevent abuse of a Lasting Power of Attorney

LPAs are powerful documents. That’s why it’s essential to set them up with professional legal guidance to include appropriate safeguards and reduce the risk of misuse.

Frances Macdonald, Senior Associate at Tees, explains:

“We strongly recommend that you never sign any documents—especially those prepared by friends or relatives—without fully understanding them. It’s best to seek legal advice before proceeding, even if the request comes from someone you trust.”

Tees regularly advises clients on incorporating safety features into their LPAs, including:

Requiring attorneys to maintain financial records
Instructing attorneys to seek professional advice on significant decisions
Including conditions or restrictions in the LPA document

Choosing the right Attorney

Selecting the right attorney is perhaps the most important decision you’ll make when creating your LPA. Consider:

Trustworthiness – Do you trust this person to act in your best interests?
Capability – Are they organised and financially responsible?
Willingness – Are they happy and prepared to take on this role?
Closeness – Do they understand your personal values and wishes?

Tees can guide you through this process to ensure your chosen attorney is the right fit for you.

Keep your LPA under review

An LPA is not a “set and forget” document. Frances Macdonald recommends reviewing your LPA every five years—or sooner if your circumstances or relationships change significantly.

“We encourage clients to review their LPAs regularly. This ensures the document still reflects their wishes, especially as family dynamics, health, or financial circumstances evolve.”

Regular reviews can help avoid issues down the line and provide continued peace of mind.

Additional safeguards you can add

You can include further protections in your LPA, such as:

Appointing up to four attorneys and specifying whether they act jointly or independently
Assigning attorneys responsibility for different areas (e.g. one for finances, another for healthcare)
Requiring annual reviews of your attorney’s accounts
Storing your original LPA with a solicitor who will only release certified copies upon evidence of lost capacity

At Tees, we offer a secure document storage service and can act as an impartial gatekeeper, helping to prevent premature or unauthorised use of your LPA.

Can you cancel or change an LPA?

Yes. If you still have mental capacity, you can cancel your LPA at any time by signing a Deed of Revocation. If there are concerns about an attorney’s conduct, the Office of the Public Guardian (OPG) can investigate and take appropriate action—including referring the matter to the police or applying to the Court of Protection to revoke the LPA.

Get expert advice on LPAs

Setting up an LPA with the right guidance ensures your best interests are protected and reduces the risk of future disputes or abuse. If you have any questions about making or using a Lasting Power of Attorney, please contact our experienced team at Tees.

Five reasons to make a Lasting Power of Attorney

Posted on 14 March 201721 March 2025 by Sophie Soraf

The world is becoming ever increasingly aware of the problems that many of us and our loved ones will face due to mental incapacity.

One way in which you can protect your assets and give your loved ones the authority they need to look after you and your assets in such circumstances, is to prepare Lasting Powers of Attorney.

There are many reasons why Lasting Powers of Attorney are crucial documents to have in place but here are our top five:

You can choose who you wish to act on your behalf

You are therefore in control of this important appointment to enable you to appoint the appropriate person/people you trust.

If you do not make a Lasting Power of Attorney then an application is made to Court for a Deputy to be appointed. You will have no choice in the appointment of the Deputy.

You can make a Lasting Power of Attorney for Property & Financial Affairs or a Lasting Power of Attorney for Health & Welfare, or both

You can decide which of these documents are appropriate for you and your circumstances.

Previously, under the old system of Enduring Powers of Attorney, you could only ever appoint an attorney to act in respect of your Property & Financial Affairs.

A Lasting Power of Attorney is valid as soon as it is completed and can be used once it is registered with the Court

(please note however, that the Lasting Power of Attorney for Health & Welfare can only be used once you lack capacity).

If you have a General Power of Attorney, these are only valid until you lose mental capacity when it will cease to be valid- just when you need it the most!

Once the Lasting Powers of Attorney is in place then there will be no ongoing need for your attorneys to report to the Court or pay any ongoing fees

If a deputy is appointed because you did not have a Lasting Power of Attorney then your deputy will be required to provide a report to the Court on an annual basis and there will be an annual Court fee.

The Court fee has been reduced from £110 to £82!

Take advantage of this reduction.

The most important thing in respect of Lasting Powers of Attorney is that you act early. Once you lose mental capacity then you will be unable to make Lasting Powers of Attorney. The only option is then for your loved ones to apply to the Court to have a deputy appointed.

What is a lasting power of attorney?

Posted on 14 March 201721 March 2025 by Sophie Soraf

A lasting power of attorney is a legal document which lets you pick someone you trust to make decisions on your behalf, if you’re unable to do so yourself.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document, which allows you to choose a person to make decisions on your behalf if you are ever unable to do so. There are two types of LPA:

Lasting Power of Attorney (Property and Affairs) – These replace the old Enduring Powers of Attorney and allow your chosen person to make decisions regarding your finances on your behalf such as: paying bills, collecting pensions and benefits, opening and closing bank accounts, buying and selling property.

Lasting Powers of Attorney (Personal Welfare) – This type of LPA has some similarities and cross over with a Living Will or Advance Directive. It allows your chosen person to make decisions about your welfare to include decisions about where you will live and the care and treatment you will receive. You can also use it to give your chosen person the authority to consent to or refuse life sustaining treatment on your behalf.

If I am mentally incapable of looking after my finances, my wife will automatically be able to do this, won’t she? What about my next-of-kin?

No, many people think that their husband or wife would automatically be able to deal with their bank accounts, pensions, investments (including any shares in any business you may own) and savings if they become mentally incapable but this simply is not the case. If you have not given a Property & Finance Power of Attorney to your husband or your wife then they will not have the authority to sign on your behalf without an order of the court.

Equally the law does not recognise the phrase “next-of-kin” and they would not have authority to act for you unless you appoint them or they are appointed by the court.

What happens if I don’t put in place a Lasting Power of Attorney and then become mentally incapable of dealing with my affairs?

In order for your family to be able to deal with your financial affairs it would be necessary to make an application for someone to be appointed as a Deputy by the Court of Protection. This may not necessarily be the person you would choose to act in this capacity. This process is more costly and longer than the preparation of a Lasting Power of Attorney and the Deputy has to account to the court for any actions taken on an annual basis.

My mum is becoming increasingly forgetful – what should I do?

It is important that she considers putting in place Lasting Powers of Attorney at the earliest opportunity. The person giving a Lasting Power of Attorney must be able to understand what is involved in granting this. If your mum’s condition deteriorates then she may reach the point when she no longer has the necessary capacity to grant a Lasting Power of Attorney. Do not leave it too late.

Can’t I wait until I become older before putting in place Lasting Powers of Attorney?

We recommend that you put in place Lasting Powers of Attorney at the earliest opportunity because mental incapacity could affect you at any time. For instance, a road traffic accident can cause head injuries or a stroke can affect anyone at any age.

If I am unable to make decisions about what medical treatment I want, who decides for me?

If you have not put in place a Health & Welfare Lasting Power of Attorney then the decision will be made by doctors and they will generally consult with your family but this may not be the person you would want to make these decisions. This is especially important in cases where couples are unmarried.

I want to remain in my own home for as long as possible – how can I give authority to my family to enable them to carry out my wishes?

Again, it will be best to appoint someone you trust to ensure that the authorities are aware of your wishes by putting in place a Health & Welfare Lasting Power of Attorney.

I have an Enduring Power of Attorney – what does this mean?

This was a document you could make prior to 1st October 2007. If you have a validly executed Enduring Power of Attorney dated before this time then it is still valid, and it deals with your Property & Financial Affairs. You cannot however, make Enduring Powers of Attorney any more and these have been replaced by Lasting Powers of Attorney.

The document does not deal with your Health & Welfare and you may wish to consider making one of these documents to work alongside your existing Enduring Power of Attorney.

If you are acting under an old EPA and you think the person who made the EPA is becoming or has become mentally incapable of dealing with their affairs, you have a duty to register the document with the Office of the Public Guardian. We are on hand to offer advice about the use and validity of any existing EPAs and to guide you through the registration process if and when it becomes necessary.

How much does a Lasting Power of Attorney cost?

We prepare Lasting Powers of Attorney on a fixed fee basis as follows:

For a single person our fee will be between £500 to £750 plus VAT.

For a couple our fee will be between £750 to £1,000 plus VAT.

Additionally, if you decide to register your Lasting Power of Attorney with the Court, the Court charges an application fee of £82 for each document.