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Lasting Powers of Attorney – a headache or a help?

24 June 2018

lasting powers of attorney - headache or help

Last summer, Lasting Powers of Attorney (LPAs) made controversial headlines when Denzil Lush (a retired senior judge from the Court of Protection) said that he wouldn’t sign one, as they can have such a bad effect of family relationships.

What’s the harm with Lasting Powers of Attorney?

Lush’s concern comes from seeing so many cases where family’s fall out over LPAs (and other powers of attorney, such as EPAs). He would have witnessed the effects that abuse of power under LPAs can have on a family.

Placing that much trust in another person (often their adult children) needs to be very carefully thought through. When people abuse that power, families suffer.

Should I revoke my Lasting Power of Attorney?

Not necessarily. Lush would have seen so many cases where things went wrong. It makes sense that he would be wary about them.

If you trust your attorneys, and they are being transparent with both you, and the other attorneys, about what they are doing with the LPA, then there is no reason to revoke it.

If, however, you are concerned that your attorney is no longer suitable, or is abusing his/her power, then you should speak to a solicitor about your options straight away.

Should I make an LPA?

There are lots of reasons to still put an LPA in place. If you have someone in your life that you trust with your various affairs that you would like to be able to help you either now or in the future, then an LPA is one of the best ways to give them the legal framework to act on your behalf in a number of situations.

But before rushing ahead, ensure that you are not being pressured into appointing an attorney. You should check the attorney you are choosing is the right attorney for you.

If you would like more information about LPAs, speak to one of our expert solicitors – call 01270 625478. Alternatively you can visit our private client services page here or complete the form linked here and we will call you back.

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