This post by Victoria Butler-Cole, with contributions made by Heledd Wyn (Mowbray Woodwards) and Transparency Project contributor Barbara Rich.
On 15 August 2017, the BBC ran a story about powers of attorney arising from comments made by Denzil Lush, who retired from his position as Senior Judge of the Court of Protection last year, in an (as yet unpublished) foreword to a new edition of a book he edits. The headline on the BBC site was ‘Warning over power of attorney risks’. This article attempts to clarify and expand on some of the points made and to provide further information about the issues raised.
What are lasting powers of attorney?
The BBC article states that ‘the enduring or lasting power of attorney is a legal document which allows someone to make your financial decisions when you can no longer do so’. In fact, a lasting power of attorney for finances can be used whether or not the donor lacks mental capacity to make his or her own decisions – they can be used, for example, by people who are planning to go abroad and need someone in this country to manage their property or financial affairs for a period of time, people who are physically impaired, or those who have just lost interest in managing their own finances, as well as by people who anticipate losing capacity in the future.
To read the full article, please click here.