You may have seen several stories in the news lately regarding abuse of Lasting Power of Attorney. We therefore thought it would be a good idea discuss the issues raised and put them in context. Leah Chenoweth, Solicitor at Penderlaw, discusses the topic and how to protect yourself when appointing an attorney.

A recent BBC investigation by journalist Sue Mitchell has highlighted a case in Essex, where Ron Hiller, a partner of a firm of Solicitors called Craybeck Law, has been accused of abusing his position as an attorney. 

According to Sue Mitchell’s BBC investigation, Ron Hiller allegedly put pressure on vulnerable and elderly clients to appoint him as their professional attorney when drawing up an LPA and in some cases, as an Executor in their Will.

 Several of the people interviewed by Sue Mitchell told her that they had been introduced to Mr. Hiller by a health professional, something which one NHS Trust have now launched an investigation into, following Sue Mitchell’s findings. 

James Warner, A consultant psychiatrist approached for comment on the subject by Sue Mitchell said “If an NHS or care worker is making introductions between their clients and potential attorneys that is very concerning. If [elderly or vulnerable people] don’t have the ability to decide who they want to appoint as their attorneys, they shouldn’t be appointing attorneys.”

So, how do you protect yourself from a similar scenario?

The majority of people drawing up an LPA will chose family or trusted friends.  The same is true for people making a Will when they choose an Executor.  However, these roles come with significant responsibilities and sometimes, the most suitable option is to choose a professional attorney or executor.  

Whilst appointing a professional has advantages, and is entirely appropriate in some circumstances, no one should ever feel pressurised into having a professional attorney or executor if they don’t wish to have one.  If you do, you should seek advice elsewhere and report them to the Solicitors Regulation Authority and Office of the Public Guardian.  These bodies exist to ensure that solicitors are regulated and provide a consistent and trusted service. Your solicitor should be open and transparent about pricing and their accountability. Again, if you feel they are not, you should report them.

Our blog Lasting Powers of Attorney – What you need to know discusses the options available to you in terms of who you appoint as your attorney, the responsibilities the role entails and also when a professional attorney might be appropriate.

 I’ve been asked to be an Executor, should I say yes?  Explores the detail of the responsibilities entailed when taking on this role.

Don’t be put off making an LPA

Whilst reports such as the recent BBC investigation into Craybeck Law are undeniably unsettling, don’t let it put you off drawing up an LPA.  They are invaluable documents to have in place to ensure that your affairs are taken care of by a person you trust, should you become unable to deal with them yourself. 

When is the right time to make an LPA?

As the pandemic forced us to realise, life is precarious. Someone’s health can, tragically, change overnight.  Accidents and illness can strike at any age. From catastrophic events like car accidents, to a deterioration of general health, or unpredictable and unprecedented events like the coronavirus pandemic. 

Whilst these things are unlikely to happen statistically, if they do, having a Power of Attorney in place can be worth its weight in gold and make an extremely difficult situation slightly easier. 

They are therefore not just for the elderly as this blog When is the right time to take out a power of attorney  outlines.  As with making a Will, a person making an LPA must have the capacity to do it.   

If there is any doubt about this at all, a professional medical opinion should be sought.  If someone does not have capacity, the only route open to them would be via the Court of Protection which is often an expensive and lengthy process.

Get in touch

If you would like to discuss making an LPA, our friendly and experienced team would be pleased to hear from you.  You can call us on 01872 241408 or email info@penderlaw.co.uk