A local law expert has spoken out after a retired senior judge warned that the power of attorney system in England and Wales lacks adequate safeguards to protect people and their assets.
Senior associate in succession and tax at Blake Morgan Laura Harper responded to comments made by ex-judge Denzil Lush, saying: ‘Mr Lush said the number of investigations into attorneys by the Office of the Public Guardian had risen by nearly 50 per cent compared with last year. We believe this is a positive change as people become more aware of how LPAs should be used and recognise the need to report suspicions early. If more people report their suspicions, any abuse will be identified sooner and these attorneys can be monitored or could be removed, if necessary.’
‘While we understand the concerns raised, we believe that LPAs can still be a useful way of appointing someone you trust to help you if you lose the mental capacity to manage your own affairs. We will continue to advise clients to make LPAs, albeit with caution as to who they appoint as their attorneys.’