January 09, 2019
You may have noticed Lasting Powers of Attorney (LPA) have been in the news recently following comments by a former judge of the Court of Protection (CoP) who warned that LPA’s can be used to defraud older people, and that he would never sign one.
He suggested that rather than put in place an LPA, people should apply to the CoP for a deputyship order, which has more safeguards in place.
The problem with that approach is that an application to the CoP can only be made AFTER you have lost capacity to make decisions for yourself.
Whilst the judge undoubtedly has the best of intentions in making his comments, it perhaps should be borne in mind that, as a judge, he will have seen the worst scenarios in his judicial career and it should not be forgotten that the majority of LPA’s are perfectly straightforward and trouble free.
With this in mind, I thought it might be worthwhile to give you some idea of what might be involved in both scenarios:
Of course, there are risks in giving power over your affairs to someone else. But by taking full advice from a specialist in Lasting Powers of Attorney you can make sure that you have put your own safeguards in place. For example, you could nominate two (or more) attorneys, who have to agree on a course of action before they do anything on your behalf.
If you are thinking of a Lasting Power of Attorney, it pays to get advice from a qualified professional.
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