Attorney misconduct: The hidden dangers of a Lasting Power of Attorney
Concerns about the misuse of Lasting Powers of Attorney (LPA) have been raised by the BBC. The news organisation has published a story detailing how vulnerable elderly clients have reported devastating losses of control over their finances, property, and personal affairs after entrusting their affairs to a legal firm.
Understanding Lasting Powers of Attorney (LPA)
An LPA is a legal arrangement in which an individual, often elderly or incapacitated, appoints another person, known as an ‘attorney’, to make decisions on their behalf. These decisions may pertain to health, welfare or finances and the law requires that they be made in the client’s best interests. The use of LPAs has surged in England and Wales, with more than one million registrations in 2023 alone, marking a 37% increase from the previous year.
The BBC’s investigation of exploitation
The BBC investigation has raised allegations of attorney misconduct, indicating that one particular firm may have engaged in practices that are both unethical and potentially unlawful.
The investigation cites concerning allegations from clients, including:
- Clients unable to access their own bank accounts and unaware of the fees being charged by lawyers acting as attorney;
- Large sums of money withdrawn from accounts without reasonable explanation; and
- Properties sold below market value, with possessions removed or disposed of without the owners’ knowledge or consent
It is also suggested that some vulnerable individuals were coerced into granting an LPA.
The firm denies that it has done anything wrong and it is understood that the SRA is looking into the issues.
Lack of Regulation and Accountability
The BBC investigation also raises serious questions about the lack of effective oversight in the LPA system. Such incidents suggest that the Office of the Public Guardian (OPG), responsible monitoring attorneys’ actions, may lack the resources and capacity to identify abuse or investigate recurring complaints from clients who seek to revoke the same attorney. This leaves vulnerable individuals exposed to exploitation.
There has been widespread concern about attorney misconduct and calls for reform aimed at addressing the shortcomings of the current system. The UK government has acknowledged the issue, with a private members’ bill proposing stronger safeguards for individuals granting an LPA now at its second reading in Parliament.
How we can help with attorney misconduct
We recognise the importance of safeguarding the interests of elderly and vulnerable individuals, particularly when it comes to the conduct of attorneys. If you or a loved one is concerned about attorney misconduct, then please contact us for a free consultation.