Lasting Powers of Attorney (LPA) were created by the Mental
Capacity Act 2005. They came into effect in 2007 and replaced Enduring
Powers of Attorney in a bid to safeguard the interests of potentially
vulnerable personsshould they be unable to look after their affairs themselves.While LPA’s are designed to protect the interests of vulnerable
people, it may be revoked if it is not effective in protecting the interests of
a vulnerable person, state Curry Popeck Solicitors.
A vast majority of LPAs are effective in
safeguarding the interests of vulnerable people, but occasionally things can go
wrong and the person appointed as attorney may try to gain some personal
advantage. On those rare occasions, the court may step in and revoke the LPA to
safeguard the interest of the vulnerable person, as happened in this case
involving a mother and her son.
In 2012, due to her ailing health, a mother
appointed her son and daughter as her attorneys on a joint basis relating to
all her financial matters. Unfortunately, the siblings did not get along, which
led to ineffective management of the donor’s affairs.In 2014, concerns were
raised with the Public Guardian about the way the attorneys were using their mother’s money and property. They made
excessive gifts to themselves from their mother’s funds and refused to pay the
mother’s nursing home fees, claiming that she had wrongfully been denied NHS
Continuing Healthcare.
The mother was also not provided with an
adequate allowance, which showed that they could not be trusted for the
purposes for which the LPA was intended.
The Public Guardian, therefore, applied for
an order to revoke the LPA, which the court duly agreed to and a panel deputy
was invited to apply to act as a Deputy.
According to Lionel Curry, arguments between family members do happen butnot
normally to such an extent for an LPA to be revoked by the Court. In this
particular case, the questionable behaviour of the appointed attorneys and
their inefficiency in guarding the interests of their mother led to the order
to revoke the LPA.
A LPA is a way of authorising someone to
make decisions on your behalf, therefore, if you too are planning to make an
LPA, it is important to consider your relationship with your attorneys and if
they will understand and carry out your wishes. Your LPA should include
instructions on how to manage your assets or welfare in particular
circumstances. Such considerations will help protect your interests and your
property from any misuse.
Please contact CurryPopeck if you would like more
information about the issues raised in this article or any aspect of Lasting
Powers of Attorney and the Court of Protection. They will provide the best
legal advice to protect your rights and property.
To schedule an appointment, visit-
http://www.currypopeck.com/
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