Powers of Attorney – Do you know….

Lasting Powers of Attorney image

Do you know:-

  1. That if you lose mental capacity your next of kin does not automatically have the right to deal with your finances for or health, care and welfare decisions.
  2. That in the North West, 96% of people have not made provision to protect against this, usually by creating a Power of Attorney to appoint someone to act for them when they become incapable.
  3. 12.8 million people over the age of 65 could develop dementia and only 928,000 have created a Power of Attorney. This shows that almost 93% of these people are ill-prepared for what may occur in the future.

For such reasons it is highly recommended and actively encouraged by the Government that you consider creating a Power of Attorney.

However, you should very carefully consider the identity of the person appointed (the Attornee), because sadly there is growing evidence that Attornees are abusing their appointment and accessing funds for their own purposes. During 2017/18, 1886 safeguarding referral cases were accepted for investigation, showing a drastic 48.9% increase from the previous year.

You will appreciate there are various serious issues to consider and we strongly recommend you take experienced, specialist legal advice before proceeding.

Surprisingly, the Court of Protection / Office of the Public Guardian do not as a matter of course, monitor and control Powers of Attorney appointments and finances, after the initial appointment.

If you are aware or suspicious of financial abuse (particularly of the elderly), then we do have a specialist, highly experienced team, who can assist you by either a Court of Protection appointed Deputy or an Attorney appointed by a Power of Attorney or otherwise. Please contact:-

David Hiltondhilton@bromleys.co.uk

John Longworthjlongworth@bromleys.co.uk

or by telephone on 0161 330 6821.

Alternatively, you are welcome to attend any of our free legal surgeries – no appointment necessary.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.