Lasting Power of Attorney: Choosing the Right Attorney and Protecting Your Loved Ones

Allegations of Abuse: Lasting Powers of Attorney

You may have seen the recent news about allegations that Ranulph Fiennes’ wife abused her role as his Attorney.

Figures obtained from the Ministry of Justice (MoJ) show a 25% increase in complaints about financial misconduct by Attorneys between March 2024 and March 2026.

We regularly hear stories about vulnerable people whose loved ones or trusted individuals have taken their assets or mismanaged their money.

Sometimes, these cases involve fraud. In others, Attorneys simply misunderstand their responsibilities under a Lasting Power of Attorney (LPA).

We have seen Attorneys open joint bank accounts with Donors. In another case, an Attorney withdrew large amounts of cash from a Donor’s account without providing a clear explanation. We have also encountered cases involving serious safeguarding concerns.

When someone agrees to act as an Attorney, they take on significant responsibility for their loved one’s affairs. However, many Attorneys lack experience or specialist knowledge. As a result, they may not fully understand their duties.

What do we do differently?

At Browns, we believe that clear guidance can help Attorneys understand their responsibilities from the outset.

That’s why we encourage all Attorneys to attend a meeting with the Donor when they make an LPA. During this meeting, we explain the Attorney’s role and responsibilities in detail.

We cover what Attorneys can and cannot do when managing financial affairs and making decisions about health and welfare. We also give everyone the opportunity to ask questions, so they understand what the role involves.

You can make an LPA yourself online. However, the GOV.UK website offers limited guidance for Attorneys, and it does not require them to confirm that they have read it. The online process also does not include an independent check of the Donor’s mental capacity to make the LPA.

For these reasons, we recommend seeking advice from a solicitor. Although this involves an additional cost, professional support can offer valuable peace of mind.

A solicitor can help by providing:

• Advice for Donors and Attorneys so everyone understands their roles and responsibilities.
• A mental capacity assessment to help establish whether the Donor understands the decision they are making.
• A certificate provider to confirm that the Donor understands the LPA and makes it willingly.
• Liaison with the Office of the Public Guardian to help guide you through the process.
• Careful checks of the application forms to reduce the risk of errors that could lead to rejection.

For Donors, knowing that their loved ones understand their responsibilities can provide real peace of mind. They can feel confident in their choice of Attorney and know that everyone has the guidance they need when the time comes.

How can I contact you?

Would you like to find out more about making a Lasting Power of Attorney?

Call us on 01268 565769 to book a free Discovery Session. Alternatively, visit our website to learn more about our LPA services:

https://www.brownssolicitors.com/lasting-powers-of-attorney/