Lasting Powers of Attorney


Lasting Powers of Attorney

 

Recent comments about the misuse of LPAs by retired Judge, Denzil Lush, have caused some controversy.  Mr Lush suggests that the use of an LPA opens up the possibility of financial abuse by the attorney.  

 

Ben Talbot, Wills and LPA solicitor of Gamlins Law, now responds;

 

‘There are very good reasons to put LPAs in place, it means that you will ensure that people you know and trust will be in control of your health and/or finances if the time comes when you are no longer able to deal with matters yourself.  It is very true that great care should be taken when choosing your attorneys as they may have control of your finances if you are unable to make decisions yourself. 

 

There are clear safeguards in the process of making an LPA and we always suggest that, whenever possible, two Attorneys are put in place to best safeguard that financial abuse doesn’t happen.

 

The possible outcome of not preparing an LPA is that any bank accounts or other financial account in your sole name will not be accessible by your family should you lose mental capacity.  They will not be able to access your personal or financial information due to ‘data protection’.  Ultimately this may led to the often long winded process of appointing a ‘deputy’ to access your finances; this can be time consuming and costly.

 

Overall the benefit of preparing an LPA far outweigh the risks provided that expert legal advice is sought when setting up the document.  Gamlins Law also offer a Professional Attorney Service meaning that our solicitors will administer your affairs when required.’

 

 

 

 

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